The Johannesburg High Court has declared the Mediation in Certain Divorce Matters Act of 1987 unconstitutional.Currently the Act dictates that the Family Advocate can only deal with children of married parents.Unmarried parents have to go through a costly court application, rather than just fill in a form, as is the case when married parents divorce.Acting Judge Franciska Bezuidenhout said the Act made an “arbitrary distinction” by excluding children born out of wedlock.By Tania Broughton While the Constitution and the Children’s Act both provide great protection to children, the Mediation in …
