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Child Custody Law in South Africa
What exactly is child custody? Child custody refers to the legal order or instruction by the court to the parents of their child/children. The term Custody on its own, simply means to care or protect for. Hence child custody is concerned with the protection and care of a child by the parents. [caption id="attachment_4504" align="alignleft" width="300"] Call law offices: 0211110090
Email us at: [email protected][/caption] When it comes to the Children’s Act in South Africa, your legal expert/professional will tell you that the Act aims to have the child’s best interest in place. With that being said, the Act covers a number of legal aspects and rights regarding the child. Attorneys (Lawyers), Advocates and other legal professionals, will make use of the Act to ensure that they are doing things legally correct. The Children’s Act can be applied to parents, grandparents, aunties, uncles, teachers and so forth.

Sole Guardianship

Sole guardianship refers to one parent having full custody of the child. Some may interpret this wrongly and think that the other parent will no longer be able to see the child. This is not the case. It is however, commonly understood that the mother is usually awarded sole custody. This too, is no longer the case. Should the mother be the less responsible parent, sole custody may be awarded to the father by the court. Depending upon the nature and circumstance of the legal matter, the court may find joint custody in the child’s best interest. [caption id="attachment_4506" align="alignleft" width="300"]

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Custody of divorced parents

There is so much at play when it comes to deciding to the custodian parent of the child with divorced parents. It is best advised that a parenting plan is professionally drafted and legally executed. A parenting plan outlines the rights of both parents with regards to the child; covers visitation rights and helps both parents reach a mutual ground. [caption id="attachment_4507" align="alignleft" width="300"]

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Divorced father’s rights

Fathers do have rights to their child after divorce. Depending on the relationship between the two parents, they may reach a mutual agreement. If you’re a father who regular pays child maintenance but is still denied access to your child, you may want to take this up with a family law legal expert. [caption id="attachment_4494" align="alignleft" width="300"]

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Child custody cases

Our Lawyer Pty Ltd have dealt with a number of child custody, divorce and child maintenance legal matters. Below are a few of our child custody articles you may find helpful:

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Email us at: [email protected][/caption] Call our offices today and have your legal appointment booked online immediately. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today!

Posted on 11 February 2025 by Telelaw

I require reasonable contact with my minor child. I want to approach the High Court. Please provide an example of an Application.

Consult with an Attorney or Advocate:

Before taking any legal action, it’s advisable to consult with a family law attorney or Advocate. They can provide guidance on the specific laws and help you understand your rights and options.

Mediation or Alternative Dispute Resolution:

In some jurisdictions, before going to court, parties may be required to attempt mediation or alternative dispute resolution methods to reach an agreement outside of court. This can be a less adversarial and more cooperative approach.

File an Application:

If informal negotiations or mediation do not lead to an agreement, you may need to file a formal application with the High Court. This document will outline your request for access or visitation rights.

Serve Legal Documents:

After filing the Application, you will need to ensure that the other parent is served with legal documents notifying them of the court proceedings. This is typically done by a Sheriff of the High Court.

Attend Court Hearings:

There will likely be court hearings where both parties present their cases. It’s crucial to attend these hearings and be prepared to provide evidence supporting your request for access to your child.

Court Order:

If the court determines that it is in the best interests of the child for you to have access, they may issue a court order outlining the terms of visitation or access rights.