Best Child Custody Lawyers in Cape Town

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JMD ATTORNEYS

JMD ATTORNEYS

15 minutes Free Consultation
Cape Town, South Africa

Founded in 2012
10 people in their team
English
How we WorkJM De Villiers Attorney is a dynamic firm specialising in commercial law and criminal law with a track record of delivering practical solutions to the legal challenges that all our clientele face.We have an extended network of professionals that we work closely with, giving us access to...
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RP Attorneys

RP Attorneys

Cape Town, South Africa

Founded in 2021
1 people in their team
Afrikaans
English
About UsWelcome to RP Attorneys, where expertise meets compassion. Our dedicated team of legal professionals is committed to providing exceptional legal services tailored to meet your unique needs. With years of experience and a deep understanding of various legal domains, we ensure our clients...
Adams & Adams

Adams & Adams

Cape Town, South Africa

Founded in 1908
1,000 people in their team
Afrikaans
English
Adams & Adams is an internationally recognised and leading African law firm that specialises in providing intellectual property and commercial services.With primary office locations in South Africa and branches and associate offices in a number of African countries, our firm’s leadership...
Bester & Lauwrens Attorneys

Bester & Lauwrens Attorneys

Cape Town, South Africa

English
Bester & Lauwrens Attorneys, located in Somerset West, South Africa, offers a comprehensive range of legal services tailored to meet the diverse needs of their clients. Their practice areas encompass Divorce & Family Law, Trusts, Wills & Estate Administration, and Conveyancing & Property Law. In...
Abrahams & Gross

Abrahams & Gross

Cape Town, South Africa

Founded in 1935
50 people in their team
Afrikaans
English
WELCOME TO ABRAHAMS & GROSSYOUR LEGAL PROFESSIONALSLeading South African law firm located on Cape Town’s Foreshore. Founded 1935.We have been practising law under the iconic Table Mountain for over 80 years.We offer considerable expertise and experience in the following fields: Commercial...
Claassen Attorneys Inc

Claassen Attorneys Inc

Cape Town, South Africa

Founded in 2008
English
Claassen Attorneys Inc, located in South Africa, is a distinguished legal firm renowned for its exceptional service in multiple legal domains, including conveyancing, family law, and real estate. As a leading law firm, Claassen Attorneys Inc excels in navigating the complexities of legal...
STBB Cape Town

STBB Cape Town

Cape Town, South Africa

Founded in 1901
English
STBB Cape Town is a distinguished law firm renowned for its comprehensive legal services and a legacy spanning over 120 years. The firm has established itself as a leader in property law and conveyancing, offering unparalleled expertise in retail and development property transactions. Their...
Advocate Muhammad Abduroaf

Advocate Muhammad Abduroaf

15 minutes Free Consultation
Cape Town, South Africa

Founded in 2003
3 people in their team
English
Afrikaans
Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account...
VanderSpuy Cape Town

VanderSpuy Cape Town

Cape Town, South Africa

Founded in 1995
English
VanderSpuy Cape Town stands as a beacon of legal excellence in South Africa, providing clients with comprehensive services across multiple legal domains. With a strong focus on conveyancing, their meticulous approach ensures smooth property transactions, seamlessly navigating the legal intricacies...
Raymond McCreath Inc Attorneys Law firm

Raymond McCreath Inc Attorneys Law firm

Cape Town, South Africa

Founded in 1999
English
Established in 1999 by directors Franklyn Heinrich Lincoln Raymond and Robert William McCreath, Raymond McCreath Inc is a distinguished law firm based in Somerset West, South Africa. The firm offers a comprehensive range of legal services, including environmental and constitutional law,...
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South Africa Child Custody Legal Questions answered by Lawyers

Browse our 3 legal questions about Child Custody in South Africa and the lawyer answers, or ask your own questions for free.

Hi, I have been a present and supporting father to my four year old son and I do everything for him but I struggle and get resistance everytime I want him to visit me at my place without her mom being around because we are no longer together. The maternal
Child Custody
Family
Father's Rights
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Asking Courts Permission To Take Your Child From The Mother For Better Schooling Opportunities Elsewhere
Family
Child Custody
Kindly contact us @[email protected] for legal guidanceThank you 
Can a mother keep a caring father away from his child
Child Custody
Family
Only if she can prove he is unfit in court

About Child Custody Law in Cape Town, South Africa

Child custody law forms an integral part of Family Law in South Africa and governs the caretaking and decision-making responsibilities of parents for a minor child. The Children’s Act 38 of 2005 fundamentally altered the parental rights and responsibilities in South Africa, shifting the prior "custody" concept to what is now referred to as "residence" or "care" and "contact".

Why You May Need a Lawyer

Common situations where you might require legal assistance include divorce or separation where the care or residence of the child is contentious, amendment or enforcement of an existing order, drafting parenting plans or family dispute resolution processes. A lawyer, particularly one specializing in family law, can provide guidance, represent your interests, and protect your rights in these complex processes.

Local Laws Overview

The Children’s Act emphasizes the best interests of the child in all matters concerning them. Both parents have the equal right and responsibility in terms of major decisions affecting their child's life. This includes decisions regarding the child's place of residence, health care, religion, and schooling. This Act also allows for the input of children themselves in any decisions that significantly affect them, if they are of an appropriate maturity and age. Any court orders regarding care and contact can be varied should there be a significant change in circumstances.

Frequently Asked Questions

1. What are the types of custody in Cape Town, South Africa?

While the traditional "custody" term is not employed in the official terminology, South Africa recognizes "care" (akin to physical custody), "contact" (similar to visitation rights), and "guardianship" (pertaining to decision-making rights).

2. Who decides on the ‘care’ of the child?

Both parents have an equal say in deciding on the ‘care’ (akin to custody) of the child. In the unfortunate situation when parents cannot agree, the dispute may be referred to a family advocate, social worker, or psychologist or ultimately, the court.

3. Can the child have a say in a custody dispute?

Yes. The Children's Act supports giving a child a voice in matters that involve them and their preferences will be taken into account considering their age, maturity and stage of development.

4. Can custody orders be modified?

Yes. Custody orders can be modified if there has been a substantial change in circumstances affecting the child's best interests.

5. What if one parent denies the other parent contact with the child?

Should one parent obstruct the other's court-ordered rights of contact, they may face legal consequences. The aggrieved parent can approach the court for enforcement of that order.

Additional Resources

The Department of Justice and Constitutional Development and the Family Advocate's Office offer services related to family law, including child custody, and can provide useful guidance and aid in this field.

Next Steps

If you are facing a child custody issue, it is advisable to consult a lawyer specializing in family law who is familiar with the local laws in Cape Town, South Africa. They can guide you through the legal process and help you understand your rights and responsibilities towards your child.

Lawzana helps you find the best lawyers and law firms in Cape Town through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Child Custody, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Cape Town, South Africa—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.