Best Child Visitation Lawyers in Durban

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Thembeka Mdunge & Associates
Durban, South Africa

English
Thembeka Mdunge & Associates is a distinguished South African law firm offering a comprehensive range of legal services. Their practice areas include administration of deceased estates and curatorship, repossessions and foreclosures, commercial and corporate transactional advisory services,...
Macgregor Erasmus Attorneys
Durban, South Africa

Founded in 2007
50 people in their team
English
Afrikaans
Macgregor Erasmus Attorneys Inc. is an innovative Law Firm that redefines the role that Lawyers ought to play by providing quick, pragmatic and robust legal solutions and representation which is bespoke to Multinational Corporations, Blue-chip companies, Large, Medium, Small, Micro-enterprises and...
THORPE & HANDS INCORPORATED
Durban, South Africa

English
Established in 1936, Thorpe & Hands Incorporated is a distinguished law firm based in Durban, South Africa, renowned for its comprehensive legal services and longstanding commitment to client satisfaction. The firm specializes in property law, litigation, wills, trusts and estates, labour law, and...
HARILALL NAIK PETERS ATTORNEYS
Durban, South Africa

English
Harilall Naik Peters Attorneys, located in Ballito, South Africa, offers comprehensive legal services across various practice areas, including Criminal Law, Labour Law, Family Law, Commercial Law, Corporate Law, Tax Law, and Property Law. The firm is led by Directors Nikhil Harilall and Suvania...
Avir Maharaj Incorporated
Durban, South Africa

English
Avir Maharaj Incorporated, based in Durban, South Africa, offers a comprehensive range of legal services, including commercial law, criminal law, debt collection, divorce, litigation, property law, and wills and estates. The firm is committed to delivering high-quality legal solutions tailored to...
Strauss Daly
Durban, South Africa

Founded in 1984
English
Strauss Daly, established in 1984, has evolved into a prominent South African law firm with a national presence, comprising nine offices and a team of 65 lawyers. The firm offers a comprehensive range of legal services, including property law and conveyancing, commercial litigation, banking law and...
Ngidi SS & Co | Attorneys
Durban, South Africa

English
Ngidi SS & Co | Attorneys stands as a distinguished law firm in South Africa, providing a comprehensive range of legal services across multiple practice areas. With deep-rooted experience in criminal justice, divorce proceedings, family law, insurance claims, and real estate transactions, the...

Founded in 1994
50 people in their team
Afrikaans
English
We are a private legal practice, operating as a partnership between Mahomed Essack and Ruwaida Hansa. Mahomed and Ruwaida, aside from being partners in law, are also partners in marriage. They were admitted as attorneys on 20 December 1994 and have established long lasting relationships with...
John Hudson & Company Attorneys
Durban, South Africa

Founded in 1952
50 people in their team
English
Afrikaans
The firm was established by John Charles Stewart Hudson in 1952 in the Durban CBD and has continued to practise in the Durban area ever since.  ​​We pride ourselves in being accessible to our clients and have supported families and business (both large and small) for over six decades....
M Jozana Attorneys
Durban, South Africa

English
M Jozana Attorneys Inc., located in Durban, South Africa, is a distinguished litigation law firm offering comprehensive legal services across multiple practice areas. The firm's expertise encompasses Criminal Law, Family Law, Commercial Law, Labour Litigation, Road Accident Fund (RAF) claims,...
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South Africa Child Visitation Legal Questions answered by Lawyers

Browse our 1 legal question about Child Visitation in South Africa and the lawyer answers, or ask your own questions for free.

Can I have at least some time with my child?
Child Visitation
Family
If you are the biological parent of a child (but not limited to only a biological parent), the Children’s Act makes provision for child visitation and rights to care for a child.Maintenance and visitation are completely separate in SA.I suggest you obtain the services of an attorney.

About Child Visitation Law in Durban, South Africa

Child Visitation Law in Durban, South Africa, like the rest of the country, is based on the Children's Act 38 of 2005. The best interest of the child is given paramount importance in all matters. Visitation rights are not automatically granted to parents; instead, they are regarded as a mechanism for the child to maintain a relationship with both parents. Courts generally rule in favor of regular, uninterrupted contact with each parent, unless it is proved harmful to the child.

Why You May Need a Lawyer

Child visitation matters often arise during divorce or dissolution of life partnerships, where parties may have differing views regarding the child's best interests. If you're unable to reach an amicable agreement with the other parent concerning the terms of visitation, a lawyer can help represent your interests. Legal assistance may also be required if there's a need to modify existing visitation orders due to changes in circumstances or if the other party is not adhering to the visitation schedule.

Local Laws Overview

In Durban, as per South African law, child visitation rights are determined based on several factors, including the child's age, the relationship with the parents, the parents' living situations, and any history of abuse or neglect. The court can grant unsupervised, supervised, or no visitations depending on the child's best interests. Failure to comply with a court-ordered visitation schedule can result in penalties, including changes in custody arrangements.

Frequently Asked Questions

1. Can a parent be denied visitation rights?

Yes, a court can deny a parent visitation rights if it's considered that the parent may harm the child. In less extreme circumstances, supervised visitations may be ordered to protect the child's interests.

2. What if the other parent doesn't comply with the visitation order?

Violation of a court-ordered visitation schedule can result in legal consequences. It's advisable to consult with a lawyer who can guide you on how to enforce the order.

3. Can visitation rights be modified?

Yes, visitation orders can be modified if there's substantial change in circumstances or if it is in the best interest of the child. The parent seeking the modification needs to petition the court with valid reasons.

4. Is mediation an option in child visitation matters?

Yes, mediation is encouraged before pursuing court action. A legal representative can provide advice on effective mediation strategies and help in composing a visitation schedule.

5. How does the court determine what's in the best interest of the child?

Several factors are considered, including the child's physical, educational, and emotional needs, bond with each parent, living situation of the parents, and any history of abuse or neglect.

Additional Resources

The Department of Justice and Constitutional Development hosts a number of resources related to child law, including the Children’s Court and services related to maintenance and family disputes. Their website includes useful legislative information and contact details for all local courts. Non-governmental organizations such as Child Welfare Durban and District also provide support and resources in child protection matters.

Next Steps

If you require legal assistance for child visitation matters in Durban, it's recommended to first seek legal advice. An experienced family law attorney will guide you through the legal process, represent your best interests in court, and help ensure the best possible outcome for your child. Keep all relevant documents and records on hand to facilitate your attorney's understanding of your case.

Lawzana helps you find the best lawyers and law firms in Durban 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 Visitation, 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 Durban, 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.