This year the Miller Du Toit Cloete Inc and the Law Faculty of the University of the Western Cape 11th Annual Family Law Conference took place at the Protea Hotel in Sea Point, Cape Town.

Since its implementation in 2008, the Children's Act has illustrated that many challenges regarding the protection of children still remain. As a result the conference focused discussions: on emerging practice and implementation of the Children's Act; mediation under the Act and the approaches to dispute resolution of family matters; litigation risks for social workers against the background of the Children's Act;  the internationalisation of the redistribution claims and the development of a universal jurisdiction in relation to family matters; antenuptial contracts; and propriety rights.

The conference is a meeting of South African and international family lawyers who focus on implementing and practicing family law with a strong awareness of regional and international human rights instruments. It presents an opportunity to debate, learn and strategise for necessary change. LRC attorneys Sarah Sephton and Sharita Samuel from the Grahamstown and Durban offices both presented papers to the delegates.

Sarah presented a paper on the legal limitations of foster care under the existing legislation of the Child Care Act and the proposed changes to these limitations under the to be implemented Children's Act. The new legislation will vastly increase the powers and duties of foster parents, which are currently extremely limited and do not operate in favour of a foster parent. The new legislation makes specific provision for a different arrangement of foster care where the child has been orphaned or abandoned and the possibility exists to extend foster orders until the child is 18 without the need for it to be renewed every two years. The Children's Act will also see the implementation of the cluster foster home scheme which is meant to address the real issue on the ground of child headed households who will receive additional support.

Sharita presented a paper on the rationale for litigating the Gumede v President of the Republic of South Africa case (previously reported in the December/January LRC Brief). This case was a challenge to the property rights of women in customary law divorces. Her paper also included an overview of gender blindness or neutrality in divorce proceedings and its consequences for the socio-economic rights of women and their dependents.