S v l court refused to order blood tests on child to

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S V L Court refused to order blood tests on child to prove paternity as the mother said no – can’t go against wishes of mother. F V L EXCEPTION PLURIUM CONCUBENTIUM – they had intercourse he claimed that other people also had with her, so he contested it was his child – he lost his case (proving paternity case) YM VS LB The Court held that as UPPER GUARDIAN of all minors it could order Blood or DNA tests if dispute of paternity IF IT was in the best interest of the child – but in this case paternity was not a dispute from the very start so NOT ordered
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FRASER V CHILDRENS COURT Him and her living together (unmarried) – she fell pregnant – she puts unborn child up for adoption – he applied to have adoption order set aside Court ruled that the repealed Child care act of that time said only mother decides – was unconstitutional – Parliament was ordered to fix the act – Adoption was set aside J V DIRECTOR GEN HOME AFFAIRS PRIOR TO SECTION 40 of the Children’s Act This one is where a same sex life partner’s child is ruled as in the same position of child born to a married woman by artificial insemination. Section 40 of the CHILDRENS ACT – re-enacted the law as it was before J vs Director of Home Affairs so that A child born to same sex life partners NOT IN A CIVIL UNION as a result of artificial insemination, makes the child a child born to unmarried parents O VS O BLOOD TEST CASE -PATERNITY – the court ruled that the interest of the child is paramount and taking blood to prove paternity could deprive the child of maintenance and her loving relationship with her “thought to be father” - SO NO blood tests SEEATAL V PRAVITHA The court declined blood tests to prove paternity ass it may have disproved paternity of the woman’s husband and caused child to be from “unmarried parents” – this would deprive child of maitenance and not be in best interest of child NEFLER V NEFLER This is the one where life in prison prisoner acquires a domicile of choice at the prison (be careful with, if it is Pollsmoor, he is domiciled at Pollsmoor prison, Cape Town – as per the assignment) MORE DOMICILE AT THE END EX PARTE BEAGLEHOLE This is the one where the testator left money to beneficiary, but he vanished for 15 years – Executor applied for order
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