Paternity Tests in South Africa

Paternity Tests and the New Childrens Act

The new Childrens Act confirms in Section 36 a presumption in respect of a child born out of wedlock. The presumption is that the person whom had sexual intercourse with the mother at any time when that child could have been conceived will be presumed to be the biological father of the child in the absence of evidence to the contrary which raises reasonable doubt. In the case of S v L 1992 (3) SA 713 (E) it was held that the phrase “in the absence of evidence to the contrary which raises reasonable doubt” means that whenever there is evidence to the contrary, the presumption does not operate or ceases to operate. This is also in line with the courts decision in R v Epstein 1951 (1) SA 278 (O), where it was held that a presumption operating “in the absence of evidence to the contrary” only requires evidence, not proof, to counteract the presumption. The Childrens Act does not define the word “evidence”, thus any acceptable evidence suffices, regardless of whether it is direct or circumstantial, however, it must raise reasonable doubt.
Section 37 of the Childrens Act states that if a person in proceedings in which paternity of a child is challenged refuses to submit him/herself, or the child, to take blood samples in order to carry out a scientific test to prove the paternity of the child, then a presumption in our law exists in which the failure of such a party to agree to such a test may be used as evidence to prove the contrary. The effect of this section is that it compels a court to warn the person who has refused to have his/her or the childs blood sample taken of the effect which such refusal might have on his/her credibility.
Refusal by mother to submit her and child to testing
In O v O, Friedman JP stated that there is no statutory or common-law power enabling the court to order an adult to allow a blood sample to be taken for the purpose of establishing paternity. Although there is still no such power, Section 37 obliges the court to warn the mother of the consequences of her refusal (perhaps that the man she is accusing of having fathered her child cannot be deemed to have fathered the child in the absence of a blood test). He would then in all probability not be ordered to pay maintenance for the child.

By Bertus Preller
Family Law Attorney
Abrahams and Gross Inc. Cape Town
www.divorcettorney.co.za

Get the Justice You Deserve with the aid of Employment Attorney

The rights of individuals, are safeguarded by the laws implemented. But you should not forget that a person’s right will end once the others begin. In case some legal problems will come up, it should be resolved with solutions that follows the law, benefiting the two parties involved. Thus, finding a professional employment lawyer will help settle all problems that workers and their firms are going through. /p>

Many people in New York have filed a lawsuit against their employers because of work-related problems. More often than not individuals file lawsuits due to racial discrimination, sexual harassment, wrongful termination, occupational hazards, and disputes about their salaries and benefits. The truth is, employment laws are extremely complicated and changes are made from time to time. It is of utmost importance for a plaintiff to speak with a NYC employment attorney so as to figure out if the case has got any merits at all. The lawyer can give great assistance to the clientele in assessing the ideal move to take.

Negotiating settlement is possible for certain cases than doing legal actions right away. It is the responsibility of the employment attorneys to evaluate the situation very carefully, to be able to assist their clientele see which thing to do is more helpful for them. And simply because the employment lawyers NYC know that strong cases will likely fail because of wrong actions, they see to it that everything is on the good side.

Rebuild Your Life After Divorce – Useful Information

Divorce is also messy and difficult. You don’t want a lawyer who has never referred to as or who communicates with you. Ahead of hiring a lawyer, you can need to note a few of the laws of one’s nation of separation, so that a better understanding of the situation. Have to find a lawyer and ask your attorney about particular laws, which may perhaps present low. You should know what you do not get what he deserves as a Pre-Nup.

You ought to also other cases, should you know what to expect. Sometimes, your attorney, the situation of sugar, but should you are in a position to some items that may possibly support your case, be identified, your lawyer is a lot more probably that you know the truth. It’s believed for getting general knowledge with the law and your attorney, you’re ready to be straight and sincere with you.

If you’ve a beneficial separation plan is significantly of what you go using a company representative. You are able to also help your attorney to prepare by giving them issues that may be utilized against their spouses, but also research. In case you are on a correct that can use for the advantage then you are far more probably to win because it is some thing that I by no means believe of his lawyer could.

Personal Injury Attorney Danbury

I found myself doing a search on the internet for personal injury attorney Danbury. I didn’t think I would ever need any personal injury attorneys, but I had the unfortunate luck to be in a car accident last winter.

My car was hit by a drunk driver. I have never been so shaken up in my life. The accident, although not life threatening, did present a few problems that could not be resolved without having the law on my side. I don’t normally call a lawyer, however, the driver who hit my car was uninsured and my injuries have caused a slight disability in my left arm.

I wanted to hire an attorney who had a specialty and is what I would call an accident lawyer. That is lawyers who specialize in auto accidents, truck accidents, and car accidents. Although my brother is a lawyer, I needed a team who could take my case and win.

Criminal Lawyer Grand Rapids – Are You Blamed For A Crime

When an individual is faced with a crime, it is very critical that he finds a criminal lawyer Grand Rapids who is more experienced and provide their clients with quality representation. When everybody is turning on your back and are blaming of wrongdoing, an attorney will be on your side who takes all the time to listen to your needs. When the clients works with them, one can find the lawyers to be more knowledgeable and the lawyers take the pride in defending those people who are wrongly blamed. The attorneys can help their clients regardless in what stage they come in. The individual can consult the attorneys before he was arrested or after he has been charged, trial, post-conviction or appeal. At any of these stages, the attorneys are ready to offer their clients with a customized plan that suits your unique needs.

What kinds of crimes are associated?

If a person has been charged with any crime after the accusation during first 24 hours is very important. For this reason, the attorneys strive hard to ensure their clients receive affordable attention immediately. One can call them for a free consultation. There can be different kinds of crimes associated like white collar crime, sex crime and many more. White collar crime can cover different things that can be associated with fraud. Fraud can be in different ways like tax, person identity, bankruptcy, insurance, credit card and many more. If your business or anything has been blamed of fraud, one can trust on these attorneys. They can handle any complex scenarios and can help the individual to receive the representation.

How To Activate Subconscious Mind Power Driven By The Laws Of Vibration And Attraction

The Subconscious mind is driven by working in conjunction with the laws of vibration and attraction . It’s been long professed that once mastered, you will live a life of prosperity, obtaining all we wish for. Let’s get a deeper understanding what these laws mean and the role of the subconscious mind with steps to make this all happen.

Law of Vibration What does it mean?

Whether one believes it or not, the law of vibration is right here in our midst. It works and it works all the time. While it may be difficult for some people to grasp the principles regarding the law of vibration, for others its perfectly easy.

Finding a Toronto Immigration Lawyer To Gain Citizenship As a Skilled Worker

Canada draws many different people from all over the world to visit it for the scenic views and abundant opportunities. Many people find themselves visiting Canada for the purpose of employment and then become settled and very happy with their surroundings and do not want to leave. For these people the prospect of returning to the country they are from is a daunting prospect and one they would rather not want to live out. These people are in a great place to apply for Canadian citizenship and should consult a Toronto immigration lawyer. Other factors that will impact your ability to apply for Canadian citizenship include your ability to fluently speak English and/or French. If you speak broken English or French it does not mean that it will be impossible for you receive citizenship however; it may be slightly more difficult. You should never evaluate your own situation. Retaining one of the many qualified Toronto immigration lawyers is the best way to gauge the likelihood of achieving citizenship. If you are a skilled worker and are a vital component of your employer’s business as well as financially stable you stand a great chance to achieve Canadian citizenship. The Federal Skilled Worker Application Package can be found and printed out online and may be submitted by you although; you would be better off consulting a Toronto immigration lawyer prior to filing it. The most minute mistake or wrong wording on an immigration application could cause it to be denied. In all legal matters it is vital to have the necessary knowledge to utilize all of your rights in a way that will increase the likelihood of a favorable outcome. If you happen to make a mistake on your application it could take months to correct it and by that time you may be forced out of the country. The fees associated with filing for Canadian citizenship can be substantial, consult one of many qualified Toronto immigration lawyers in order to minimize costs as much as possible. Being in good standing with your employer and other members of your community will greatly aid your application for Canadian citizenship. Be sure to have them all write recommendation letters for you so that you will stand a greater chance of achieving citizenship. Remember that every situation is different and only your attorney can accurately appraise your situation and inform you of the options you have.

About the Author Working with one of the many qualified Toronto Criminal Lawyers helps to ensure an equal field between the crown and the defendant. In many cases, the lawyer chosen serves as the only individual within the Canadian Justice System that stands on the same side as the defendant. It is the responsibility of a Toronto Criminal Lawyer to maintain an unbiased opinion of their client and act solely on their behalf.

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