Child Law
The rights and best interests of children are at the heart of family law in South Africa. Our Constitution also governs the principle of “the best interest of children” in section 28(2) and clearly stipulates that the child’s best interest is the primary and overriding consideration when any action is taken concerning a child. In situations where a child’s welfare may be at risk, or where parents and guardians cannot agree on critical matters, the courts are empowered to intervene to ensure that the child’s needs and rights are safeguarded.
The Children’s Act 38 of 2005 forms the foundation of child law in South Africa. It recognises both parents as co-holders of full parental rights and responsibilities, ensuring that children benefit from equal involvement of both parents. Section 7 of the Act sets out the best interests of the child standard, which is the guiding principle in all legal matters concerning minor children. Factors include the child’s age, stability, care, safety, education, emotional well-being, and their relationship with each parent or caregiver.
Our firm is dedicated to handling these sensitive matters with the utmost care, ensuring that children’s rights are protected while also supporting parents and guardians through often difficult disputes.
Child law matters may include, but are not limited to:
- Parental Disputes: Resolving disagreements between separated or divorced parents regarding care, contact, or residence.
- Temporary Removal for Safety: Where children need to be placed in a safe environment due to abuse, neglect, or other risks.
- Parental Rights for Third Parties: Granting rights to grandparents, step-parents, or other relatives with a legitimate interest in the child’s well-being.
- Guardianship Applications: When one parent refuses consent for matters such as relocation, passports, schooling, or medical decisions, an application to the High Court can be launched and the court may step in.
- Adoption: Legal processes to provide a permanent family environment for a child.
- Child Abduction / Kidnapping: Urgent applications where a child has been wrongfully removed or retained.
- Surrogacy: Legal recognition and regulation of parental rights in surrogacy agreements.
- Maintenance Applications: Ensuring that children receive adequate financial support.
- Contact Rights: Applications to secure visitation rights for a parent or other interested party.
- Termination of parental rights: Where circumstances necessitate, and it will be in the best interest of the child, a court may be approached for the termination, extension, suspension or restriction of parental rights.
