What is Child Custody?
Child Custody refers to the legal and practical responsibility of caring for a child, this includes decisions about the child’s upbringing, residence and well-being. The primary concern of the Court is the best interest of the child and it will prioritise the situation that will best provide for the comfort and well=being of the child.
How do you file for custody of your Child?
When seeking custody for your child or children, you must approach the High Court or the Children’s Court for such a ruling. The applicant must complete the necessary process, stipulating the reasons why the parent is seeking sole custody and the relevant documents that will support the case.
The Children’s Act 38 of 2005 is the primary law in South Africa that protects and supports children. Section 23 of the Children’s Act allows any person to apply to Court for Care and Contact.
List of factors considered by the court.
The Court must consider several factors when considering an application for sole custody these include,
- The child’ best interests;
- The parent’s capacity to care for the child;
- The child’s age or gender;
- The relationship between each parent and the child;
- History of abuse or neglect if any;
- Physical, emotional and psychological needs of the child;
- Consideration of the child’s desire if he/she is of the age where their views can be taken into account.
The court’s decision
The Court will decide based on the evidence and arguments presented, and order what they believe is in the best interests, and wellbeing of the minor child. The decision taken by the court will be binding on both parents, and the Court’s decision is final and must be complied with.
Attorneys who care
Elogran Naicker Attorneys are experts in Family Law, if you need any assistance with applications for care and contact, be sure to contact our skilled and professional family lawyers, who will ensure that your case will be handled with the utmost care and expertise.