Best Child Visitation Lawyers in South Africa

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Goodway & Buck Attorneys
Durban, South Africa

English
Goodway & Buck Attorneys, based in Durban, South Africa, offers a comprehensive range of legal services, including Road Accident Fund (RAF) claims, personal injury cases, commercial law, and family law matters. The firm is particularly noted for its expertise in assisting refugees and South African...
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JMD ATTORNEYS

JMD ATTORNEYS

15 minutes Free Consultation
George, 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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Hegarty Attorneys Incorporated
Kimberley, South Africa

Founded in 2013
50 people in their team
Afrikaans
English
Hegarty Attorneys Inc. was founded in 2013 to provide a dynamic service with a difference. We pride ourselves on making the law accessible and easy to understand for everybody.We treat our clients like family and take particular care to ascertain what their needs are and how we can cater to them...
Stofbergs & Bekker Attorneys - Prokureurs
Stellenbosch, South Africa

Founded in 2019
English
Stofbergs & Bekker Attorneys - Prokureurs, located in Stellenbosch, South Africa, offers a comprehensive range of legal services, including property transfers, divorce law, property law, wills and estates, family law, evictions, civil law matters, and criminal law. The firm is led by Director...
Mtshali and Sishi Inc.
Durban, South Africa

Founded in 2022
English
Mtshali and Sishi Inc., established in 2022, is a 100% black women-owned law firm based in Durban, South Africa. The firm's directors, Makaziwe Mtshali and Lungisile Thulile Sishi, are both graduates of the University of KwaZulu-Natal and admitted attorneys of the High Court of South Africa. They...
Chris G Attorneys
Empangeni, South Africa

English
Chris G Attorneys, located at 21 Union Street in Empangeni, KwaZulu-Natal, South Africa, is a distinguished law firm specializing in civil law, criminal law, family law, and general legal inquiries. Under the leadership of Attorney Nde Christian Gasarasi, who is admitted to the High Court, the firm...
East London, South Africa

Founded in 2021
English
Thabo Mantyi Attorneys, based in East London, South Africa, specializes in divorce and family law, offering comprehensive legal services to clients navigating the complexities of marital dissolution. The firm's expertise encompasses maintenance, visitation rights, custody and access, domestic...
Hough Bremner Incorporated
Johannesburg, South Africa

English
Hough Bremner Incorporated is a distinguished law firm based in South Africa, renowned for its comprehensive legal services and commitment to excellence. The firm's team of seasoned attorneys brings a wealth of experience across various legal disciplines, ensuring clients receive informed and...
P.C. MOGALE & CO.INC. ATTORNEYS
Johannesburg, South Africa

Founded in 1999
English
P.C. Mogale & Co. Inc. is a black-owned law firm based in South Africa, recognized as a Level 3 BBBEE contributor. The firm offers a comprehensive range of legal services, including criminal and civil litigation, commercial law, municipal law, estate planning, and family law matters such as...
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...
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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 South Africa:

Child visitation law in South Africa governs the rights of a non-custodial parent to have contact with their child. The law aims to ensure that the child's best interests are prioritized while also considering the rights of both parents.

Why You May Need a Lawyer:

You may need a lawyer for child visitation issues in South Africa if you are facing challenges with arranging visitation with your child, if the other parent is refusing visitation rights, or if you are seeking to modify a visitation agreement. A lawyer can help you navigate the legal system, protect your rights, and ensure that the best interests of your child are considered.

Local Laws Overview:

In South Africa, child visitation is typically determined based on the Children's Act, which prioritizes the best interests of the child. The law allows for both parents to have meaningful relationships with their child, even if they are not living together. Visitation can be agreed upon between the parents or ordered by a court if necessary.

Frequently Asked Questions:

1. Can grandparents apply for visitation rights in South Africa?

Yes, grandparents can apply for visitation rights in South Africa if it is in the best interests of the child. The court will consider the nature of the relationship between the grandparent and the child before making a decision.

2. Can visitation rights be denied if the non-custodial parent does not pay child support?

No, visitation rights cannot be denied solely because the non-custodial parent does not pay child support. The right to visitation is separate from the obligation to pay child support.

3. Can visitation rights be modified once they have been established?

Yes, visitation rights can be modified if there is a significant change in circumstances that warrants a change in the visitation arrangement. It is advisable to seek legal advice if you wish to modify visitation rights.

4. Can visitation rights be enforced if the custodial parent denies access?

If the custodial parent denies access in violation of a court order, the non-custodial parent can seek legal enforcement of visitation rights. This may involve filing a contempt of court motion against the custodial parent.

5. How is visitation rights determined if the parents are unmarried?

If the parents are unmarried, visitation rights can be established through a formal agreement or by court order. The court will consider the best interests of the child when determining visitation rights for the non-custodial parent.

6. What factors does the court consider when determining visitation rights?

The court considers various factors when determining visitation rights, including the child's age, the child's relationship with each parent, the ability of each parent to provide for the child's needs, and any history of abuse or neglect.

7. Can visitation rights be suspended if there are concerns about the child's safety?

If there are concerns about the child's safety during visitation, the court may suspend or limit visitation rights until the safety concerns are addressed. It is important to document any safety concerns and seek legal advice in such situations.

8. Can the child's preference be considered in visitation decisions?

Depending on the child's age and maturity, the court may consider the child's preference when determining visitation arrangements. However, the court will always prioritize the best interests of the child above all else.

9. Can visitation rights be terminated if the non-custodial parent is deemed unfit?

If the non-custodial parent is deemed unfit, visitation rights may be terminated or supervised visitation may be ordered to ensure the child's safety and well-being. The court will carefully consider all evidence before making a decision.

10. How can I enforce my visitation rights if the other parent refuses to comply with the court order?

If the other parent refuses to comply with a court order regarding visitation rights, you can seek legal enforcement through the court. This may involve filing a motion for contempt of court or seeking assistance from law enforcement to enforce the visitation order.

Additional Resources:

For more information on child visitation rights in South Africa, you can contact the South African Department of Social Development or consult with a family law attorney who specializes in child visitation issues.

Next Steps:

If you are facing child visitation issues in South Africa and need legal assistance, it is recommended to schedule a consultation with a family law attorney. The attorney can provide guidance on your rights, help you navigate the legal process, and advocate for the best interests of your child.

Lawzana helps you find the best lawyers and law firms in South Africa 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 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.