divorce, uncontested divorce, unopposed divorce, Cape Town

Posted on 11 February 2025 by Telelaw

Frequently Asked Questions on Child Custody – South Africa
[caption id="attachment_7079" align="alignleft" width="259"] Advocate Muhammad Abduroaf – Advocate High Court of South Africa[/caption] We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through this question and answers sections below. Should you not find the answer to a child custody question you are looking for, feel free to post your child custody question at the bottom of this post.

What does it mean when you have primary residential custody?

It means that the child primarily resides with you. For example, the child will only visit the other parent every second weekend.

What is a joint residence order?

The child resides with both parents. Usually on an equal basis.

What is joint custody of a child?

This is the situation where both parents care for the child.

How can you get custody of your child?

If you want custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do I file for joint custody?

If you want joint custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do you file for visitation rights?

If you want visitation rights over your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do you file for full custody of your child in Cape Town, South Africa?

How do I file for joint custody in Cape Town, South Africa?

How do you file for sole custody of a child?

If you want sole custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

What does the term sole legal custody of a child mean?

If you have sole legal custody, it means that you alone make day to day decisions regarding your child’s life.

Can you get sole custody and child support?

Yes, you can.

Can a father get full custody of his child?

Yes, he can. All that he must prove is that it would be in the child’s best interests.

How is child support affected by joint custody?

If one parent earns more than the other, then he or she may have to pay child support to the other parent. This is so even if they have joint custody.

What is shared custody?

This is when both parents care for the child and have a say in the child’s life.

Who will have to pay child support?

Both parents have to pay child support.

What is considered joint custody?

When both parents care for the child jointly.

What is joint custody with primary residence?

Where the child primarily resides would be her primary residence. Joint custody would mean both parents care for the child and have a say in her life.

Can both parents have primary custody?

It is possible in theory, but not practical.

What does it mean to be the primary custodial parent?

It means that you decide the day to day affairs of your child’s life. For example, the school he goes to, and the extramural activities he does.

Who would be the custodial parent?

Both or either parent can be the custodial parent.

What is the difference between full and sole custody?

Full custody would mean you have just as much custody rights as the other parent. Sole custody would mean you the only parent who has custody rights.

What does sole custody mean in Cape Town, South Africa?

Sole custody would mean you the only parent who has custody rights.

Is primary custody the same as full custody?

No, not necessary. Primary would mean the child primarily lives by one parent. The other parent may still see the child on weekends, school holidays etc. Full custody could mean the same as sole custody.

What does it mean to have joint physical custody?

This would mean that the child is in the care of both parents. Basically on an equal basis.

What is joint sole custody?

Joint custody is when both parents take care of the child.

Do I have to pay child support if I have 50 50 custody?

If a parent earns more than the other parent, he or she may have to pay more towards the child’s expense. A good example would be school fees.

What does it mean to have 50 50 custody?

This means that the child resides with both parents most of the time. Both parents also have a joint say in the child’s life.

What is the definition of joint legal custody?

Joint custody is when both parents have equal say in the child’s life.

What is primary custody of a child?

Primary custody is where one parent cares for the child primarily.

What does primary caregiver mean?

A primary caregiver is a parent who primarily takes care of the child.

What is split custody of a child?

This is the case where the child spends an equal amount of time with either parent.

What is the definition of a caregiver?

A caregiver is a parent or person who cares for the child.

What is caregiving of a child?

Caregiving is caring for a child. This includes the provision of food, clothing and shelter.

What are the responsibilities of a caregiver?

To care for the child. This includes the provision of food, clothing, education and shelter.

What is the job description of a caregiver?

To care for the child. This includes the provision of food, clothing and shelter.

What are the skills of a caregiver?

There are no specific skills. However, he or she must be able to care for the child. The child’s best interests should always be upheld.

What are the qualities of a good caregiver?

Who ensures the child’s best interests are met.

What does it mean to be a custodian?

It means that you take care of the day to day needs of the child.

What are my rights as a father?

To be part of your child’s life.

How can a father get custody of his child?

You would need to apply to a court.

Who has custody of a child when the parents are not married?

Primarily the mother. However, the father acquires such rights if he forms part of the child’s life.

What rights does a father have to a child born out of wedlock?

If he forms part of the child’s life and pays support, then he acquires parental responsibilities and rights.

What are your rights as a father?

To form part of his child’s life. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

History of the law of exercising contact and care rights of parents during the lockdown in South Africa – The rollercoaster ride for parents and lawyers
The national lockdown not only affected our movement by keeping us in our homes. It also affected our relationships with people important and dearest in our lives. Here we refer to family, friends and colleagues to mention a few. Before the lockdown commenced in South Africa, parents were exercising contact with their children as they always have in the past. Friends and family gatherings were not seen as a privilege but as part of daily life, and an inherent right. However, when the lockdown commenced, things drastically changed. And without warning.

The following are a few of the actual consequences of the lockdown when it comes to family relations:

Spouses or partners who would only see each other for part of the day, now see each other virtually the entire day;
Schools are closed, and parents can only care for children at their homes;
Children were not allowed to move between parents as they were used to at the start of the lockdown;
Visits to close friends and your relatives are prohibited. Therefore, adult children may not have seen their parents since the lockdown commenced.
Siblings, cousins and spouses living in different provinces would not have seen each other for weeks.

The commencement of the National Lockdown in South Africa

The date 27 March 2020, is of great significance to all South Africans. It is the day were all South African’s were placed under lockdown. This was something no South African was prepared for. The call was imminent. The life we lived before that day, would not be lived for quite some time to come. Now let us look at the regulations dealing with the movement of children during the lockdown.

First Regulations regarding the movement of children during the lockdown

Regulations were then issued concerning the movement of children. In terms of the Regulations at the time, minor children were to remain in the care of the parent who had the child at the time. Have a look at an article written by Adv. Muhammad Abduroaf on this issue: “The child must remain in the custody of the parent with whom the child was with when the lockdown period started” – Directive 6(m)(ii) in terms of the Regulations [30 March 2020] This caused huge challenges for many parents. It meant that a parent who never cared for a child for longer than a day would now have to care for the child for the entire lockdown period. This also caused a huge stir. Not only for parents but also for the legal profession, especially for a lawyer who specialises in family law.

Second set of Regulations regarding the movement of children during the lockdown

The Regulations then changed, allowing movement as long as you have a registered parenting plan, or a parental rights and responsibilities agreement, both registered with the Office of the Family Advocate, or an Order of Court. This was also problematic as parents who did not have the latter documents could not have contact with their minor children. Have a look at an article written by Adv. Muhammad Abduroaf on this issue entitled: New lockdown regulations regarding the movement of children – Certain Parents may move children during the National Lockdown period No equality and dignity for parents without Court Order and Registered Plans and Agreements

Third set of Regulations regarding the movement of children during the lockdown

Then the regulations were again changed. It further allowed for the movement of children of parents who do not have a registered parenting plan, or a registered parental rights and responsibilities agreement or an Order of the Court. They may move from one home to another to collect and return their minor child with one requirement. They must have in their possession the birth certificate of the child, or a certified copy thereof. Have a look at an article written by Adv. Muhammad Abduroaf on this issue entitled: Latest Regulations: No Court order, registered agreement or parenting plan is required for the movement of children during the lockdown – 16 April 2020.

Fourth set of Regulations regarding the movement of children during the lockdown

Then came the recent regulations which have been issued after the extended lockdown in May 2020. In essence, parents may move with their child if they have a registered parenting plan, or a parental rights and responsibilities agreement or an Order of the Court. Another requirement was that the home the child is to move to is free from COVID-19. You will note that the birth certificate requirement for the parents who do not have the latter documents no longer applies. If parents do not have a registered parenting plan, or a registered parental rights and responsibilities agreement or an Order of the Court, they may collect and drop-off the child only after they obtained a Magistrate’s Permit. A parent who has rights of contact needs to approach the magistrate in the area where he or she lives to obtain a permit to move the child. Have a look at these two posts on the topic. The Magistrate’s Permit – 3 steps to obtain your permit to collect your child during lockdown The Magistrate’s Permit – New regulations on Movement of children during the Lockdown It should be noted that the permit does not give you rights of care and contact. It only allows you to move the child. So, if the police stop you, you can show them the permit. If you and the other parent have disputes regarding contact, you cannot use the permit as a way of enforcing contact. That must be resolved at a court of law. Therefore, if you visit the child to collect him with a permit, and the other parent refuses you contact, you still need to approach the relevant court.

Fifth set of Regulations regarding the movement of children during the lockdown

On Thursday 28 May 2020, the Minister issued regulations which took effect on 1 June 2020. This was when level 3 of the lockdown was implemented in South Africa. The regulations regarding the movement of children remained largely the same, except for the inter-provincial movement of children and student in relation to attending their places of learning. In short, the head of the school, or institution of higher learning must issue a certificate for the purposes of travelling between provinces. The regulations can be downloaded here.

Future regulations regarding the movement of children during the lockdown

As can be seen from the aforesaid, the government has thus far issued 5 (five) sets of regulations regarding the movement of children between parents. Depending on how the fight of the COVID-19 pandemic unfolds, it may call for changes to the regulations on the movement of children. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

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