If you are going through a separation or divorce and you have children, decisions about where your child will live, how you will spend time together and who will make important decisions about your child can be some of the most difficult issues you face.

South African law focuses on the best interests of the child when decisions concerning children are made. If you and the other parent cannot agree, we can help you understand your rights and the legal options available to you.

WHAT DOES CHILD CARE AND CONTACT MEAN?

If you are a parent, you may have questions about where your child should live, how often you should see your child and who should make important decisions about your child’s life.

These matters are generally dealt with through care and contact arrangements and parental responsibilities and rights.

Care concerns the day-to-day living arrangements and upbringing of your child, while contact concerns maintaining a relationship with your child when your child is not living with you.

WHAT ARE PARENTAL RESPONSIBILITIES AND RIGHTS?

As a parent, you may have responsibilities and rights relating to your child, including:

• Caring for your child
• Maintaining contact with your child
• Acting as your child’s guardian
• Contributing to your child’s maintenance
• Making important decisions affecting your child

The specific responsibilities and rights you have will depend on your circumstances and the applicable law.

WHAT IF YOU AND THE OTHER PARENT CANNOT AGREE?

If you and the other parent cannot agree about your child’s care, contact or important decisions affecting your child, the dispute may need to be resolved through negotiation, mediation or court proceedings.

You do not have to try to navigate a difficult dispute on your own.

We can assess your circumstances, explain your legal position and advise you on the appropriate way forward.

WHERE WILL MY CHILD LIVE?

If you and the other parent separate, you may need to agree where your child will primarily live and how your child will spend time with the other parent.

A parenting arrangement can address matters such as:

• Where your child will live
• When your child will spend time with each parent
• School holidays
• Weekends and special occasions
• Birthdays and public holidays
• Communication between your child and the other parent
• Transport arrangements
• Schooling and medical decisions

The arrangement should focus on what is in your child’s best interests.

WHAT IF THE OTHER PARENT IS PREVENTING ME FROM SEEING MY CHILD?

If you are being denied contact with your child or the other parent is not complying with an existing agreement or court order, you may have legal remedies available to you.

The appropriate steps will depend on the circumstances and whether there is already a parenting agreement or court order in place.

We can advise you on the options available to you and assist you in taking the appropriate legal steps.

CAN I RELOCATE WITH MY CHILD?

If you want to relocate with your child, particularly where the move will affect the other parent’s relationship or contact with your child, you should obtain legal advice before making arrangements.

Relocation can become particularly complicated where the other parent does not consent to the move.

Depending on the circumstances, it may be necessary to approach the court for appropriate relief.

We can assist you with relocation disputes and applications involving your child’s care and contact arrangements.

CAN I TAKE MY CHILD OVERSEAS?

If you want to travel internationally with your child, you may need to deal with the other parent’s consent and the applicable requirements for your child’s travel documents.

This can become complicated where the other parent refuses to provide consent or where there is a dispute about international travel.

If you are facing a dispute concerning your child’s passport, international travel or relocation, obtain legal advice before making travel arrangements.

We can assist you with the appropriate application and legal process.

WHAT IF MY CHILD NEEDS A PASSPORT AND THE OTHER PARENT REFUSES TO CONSENT?

If the other parent is refusing to consent to your child’s passport application or international travel, you may have legal options available to you.

The appropriate application will depend on the circumstances and the nature of the dispute.

We can assess your situation and advise you on the steps that may be available to obtain the necessary relief.

WHAT DOES THE COURT CONSIDER?

When a court is asked to make a decision concerning your child, the best interests of your child are a central consideration.

The court may consider factors including your child’s relationship with each parent, your child’s needs, the circumstances of each parent, the effect of proposed arrangements on your child and any other relevant circumstances.

Each case is different, and there is no single arrangement that is automatically right for every family.

WHAT IS THE ROLE OF THE FAMILY ADVOCATE?

The Family Advocate can assist in disputes concerning children, including matters relating to care, contact and guardianship.

Where appropriate, the Family Advocate may investigate the circumstances of your child and make recommendations concerning what may be in your child’s best interests.

CAN WE AGREE ON A PARENTING PLAN?

Yes. If you and the other parent are able to reach agreement, you may be able to record your arrangements in a parenting plan.

A parenting plan can deal with practical issues such as where your child will live, contact arrangements, holidays, education, medical care, travel and other important aspects of your child’s upbringing.

Having a clear agreement can help reduce future disputes and provide greater certainty for you and your child.

WHAT IF THE OTHER PARENT DOES NOT FOLLOW THE AGREEMENT?

If you already have a parenting plan, agreement or court order and the other parent is not complying with it, you may need legal assistance to enforce your rights.

CHILD CUSTODY AND CARE DURING DIVORCE

If you are going through a divorce, arrangements concerning your children may need to be dealt with as part of the divorce proceedings.

You may need to resolve issues concerning:

• Your child’s primary residence
• Contact with each parent
• Parental responsibilities and rights
• Schooling
• Medical care
• Maintenance
• Holidays and travel
• Relocation
• Communication between parents

It is important to resolve these issues in a way that protects your child’s interests while also protecting your lawful parental rights.

HOW TJALE JUBILEE ATTORNEYS CAN ASSIST YOU

At Tjale Jubilee Attorneys, we assist parents with disputes and applications concerning the care, contact and wellbeing of their children.

We can assist you with:

• Care and contact disputes
• Parenting plans
• Parental responsibilities and rights
• Relocation applications and disputes
• International travel disputes
• Children’s passport applications where consent is disputed
• Applications concerning care and contact
• Disputes concerning parental responsibilities and rights
• Enforcement of parenting arrangements and court orders
• Child-related issues arising during divorce proceedings
• Representation in children’s matters

We understand that disputes involving your child can be emotionally difficult. We will help you understand your legal position and guide you through the appropriate process while keeping your child’s best interests at the centre of the matter.

NEED HELP WITH A CHILD CUSTODY OR CARE MATTER?

If you are struggling to reach agreement with the other parent, being prevented from seeing your child, considering relocating with your child, dealing with a passport or international travel dispute, or facing another dispute concerning your child’s care and contact, do not wait until the situation becomes more difficult.

Contact Tjale Jubilee Attorneys to discuss your matter and understand your legal options.