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Summary Topic 1: What is a Family

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Summary on Topic 1: What is a family. (Based on LAWS1013A at Wits University) Notes on Topic 1, covering what a family is, and an introduction to family law.

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  • February 27, 2023
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  • 2022/2023
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Topic 1: What is a Family
Created @February 13, 2023 8:01 PM

Class

Type

Materials

Reviewed



What is a family?
various forms

no one size fits all

the law draws a line when it comes to who is regarded as a family - where they
draw the line is up for debate


The Sexual Family
Sexual/conjugal relationship

married couples considered families vs. friends/student households are not

Why is family based on a sexual tie




Single Parent Households
Majority of SA children do not live in same household as biological fathers

Biological mothers death/absense → single- father households

AIDS pandemic led to an increase in single parent households



Topic 1: What is a Family 1

, Extended Families
one adult who is not a biological parent

causes: labour migrations and AIDS pandemic

grandparents/orphans




Polygynous Families
one man, multiple wives

Customary Marriages Act and Draft Muslim Marriages Bill recognises polygynous
marrigaes

SA Families Polygynous: Men working in urban areas establish another family, even
though they only have one legal or official wife.




Child-Headed Households
The Childrens Act provides:

the parent is terminally ill, died or abandoned household

the child is over 16 and no adult is available

best interests of children in the household

functions under the supervision of a designated adult

cause: labour migration


Additional Types of families:
same-sex families

unmarried families



Topic 1: What is a Family 2

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