Loading...
Custody Law South Africa2018-08-29T11:07:17+00:00

CHILD CUSTODY LAW SOUTH AFRICA

If you are going through a child custody battle, you need to familiarise yourself with the Custody Law South Africa practices and how the decisions regarding your child will be reached. Joselowitz & Andrews Attorneys are experienced Family Law attorneys who assist parents and other parties in finding resolutions that are in the best interests of the children. The goal for separated or divorced parents should always be to maintain the best possible co-parenting relationship. We handle the legalities in order for our clients’ primary focus and energy to remain vested with their children. Together, we will do everything in our power to ensure that all issues involving children are resolved expeditiously, professionally and affordably. At all times throughout this trying process, the emphasis will be focused on the health and well-being of your children.

In terms of the Children’s Act, the best interests of the child are paramount. The “best interests” principle is the determining factor which is taken into consideration by our courts when reaching any decision in respect of a child. Parents and interested parties who do not understand Child Custody in South Africa, the options, and remedies available, or the legal ramifications which may ensue as a result of certain actions taken, is often, what causes both parent/interested parties and the child the most harm.

Initial consultations are charged at R1500.00. Thereafter, should you wish for us to act on your behalf, a fee is discussed and agreed upon whereafter we can move forward with your matter. We promise to get back to you as soon as possible – as we are aware that these cases are often urgent.

CONTACT ONE OF
OUR ATTORNEYS NOW:

custody law south africa, child custody law south africa

CHILD CUSTODY LAW SOUTH AFRICA. WHAT ARE MY OPTIONS?

PRIMARY RESIDENCE:

This entails where and with whom the child/children is/are to reside. The term “custody” has been replaced by the term “primary residence” since the Children’s Act 38 of 2005 came into effect. It is important for parents/interested parties to note that primary residence in respect of a child/children does not bestow any parental responsibilities and rights upon the primary resident custodian of the child/children. The biological parents of a child/children are automatically vested with parental responsibilities and rights in terms of the Children’s Act. However, interested parties and family members of the child/children involved would have to approach the relevant Court to acquire such rights, if the Court deems it to be in child/children’s best interest.

CHILD’S VIEW:

Child Custody in South Africa and the South African law recognises that children should be provided with an opportunity, if they are of an appropriate age, to voice their preferences, wishes, and opinions in respect of questions such as where they should reside. The Children’s Act states that any child of an adequate age, stage of development and maturity, should have their views considered and reviewed by the Court. The child/children’s view will not be the sole factor that a Court will take into consideration when making a decision in this regard.
“We ourselves feel that what we are doing is just a drop in the ocean. But the ocean would be less because of that missing drop”… Mother Theresa

SHARED RESIDENCE:

Shared residence involves a child/children who have two permanent homes, one being with mother or interested party and the other being with the father or interested party on a shared basis. This entails the child/children residing with either parent/interested party for equal periods of time i.e one week with either parent (i.e from Sunday to Sunday), which alternates weekly. This option is explored by parents who reside within close proximity to one another to ensure that the child/children’s day to day activities such as schooling and extramural activities are not disrupted. A further point to consider is the bond shared between the child/children and parent and/or interested party. It is of the utmost importance to note that routine is vital for the healthy development and well-being of a child/children and the child/children’s best interests must always prevail.

CONTACT JOSELOWITZ & ANDREWS ATTORNEYS TODAY FOR ASSISTANCE WITH CHILD CUSTODY IN SOUTH AFRICA.

Our services and legal assistance regarding child custody have been formulated to be both affordable and efficient. During this traumatic and stressful time, it is important to have Family Law attorneys that are sympathetic and sensitive to the emotional roller-coaster that your family may experience during this time. Ensure that you contact attorneys who truly care and who can provide you with support, advice and the legal assistance necessary to achieve a favourable result.

NEED TO GET THE BEST FOR YOUR CHILD?

Ask An Attorney

LET’S WORK TOGETHER

Contact Joselowitz & Andrews Attorneys with regards to your child custody case and family law needs today!

MAKE ENQUIRY
Call Now Button
error: Content is protected !!