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Browse our 3 legal questions about Child Custody in South Africa and the lawyer answers, or ask your own questions for free.
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".
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.
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.
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).
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.
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.
Yes. Custody orders can be modified if there has been a substantial change in circumstances affecting the child's best interests.
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.
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.
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.
