Child Custody – Legal Advice and the Children’s Act

Child custody legal advice and services

Child custody is a complex legal matter as it involves a number of factors to consider when handling a child custody case. Judging from our years of experience, we found that the parents involved often lose track of the bigger picture while emotions override.

At our law offices, our job is to help parties involved keep a level head form a legal perspective and guide them as to what will be the best way forward. Sometimes a matter has been blown out of proportion while the parties involved often expect us to perform miracles – this is not how it works in the world of law.

We have found that executing our legal expertise can become a very complicated ordeal when there is little co-operation. It is however, essential to highlight that the main responsibility of the family legal expert is to advise and guide you with the best way forward from a legal standpoint.

The Children’s Act 38 of 2005 – child access to grandparents

In doing so, we have constructed a number of family legal articles containing free, expert legal advice. We have used the common issues potential clients come to us with, as a guide as to what address in these articles. For instance, we had a legal a matter in which the grandparents wanted to know what their chances are in gaining custody over their grandchild. The family legal expert then stated the following using the Children’s Act 38 of 2005:

The Children’s Act 38 of 2005

The Children’s Act is the main piece of legislation dealing with matters concerning children. Section 2 of the Children’s Act deals with its objective. Reading it would give you some type of understanding regarding the Act. It is quoted as follows:

“2     Objects of Act 

 The objects of this Act are- 

 (a) to promote the preservation and strengthening of families; 

 (b) to give effect to the following constitutional rights of children, namely- 

          (i)     family care or parental care or appropriate alternative care when removed from the family environment; 

          (ii)     social services; 

          (iii)     protection from maltreatment, neglect, abuse or degradation; and 

          (iv)     that the best interests of a child are of paramount importance in every matter concerning the child; 

 (c) to give effect to the Republic’s obligations concerning the well-being of children in terms of international instruments binding on the Republic; 

 (d) to make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children; 

 (e) to strengthen and develop community structures which can assist in providing care and protection for children; 

(f) to protect children from discrimination, exploitation and any other physical, emotional or moral harm or hazards; 

(g) to provide care and protection to children who are in need of care and protection; 

(h) to recognise the special needs that children with disabilities may have; and 

(i) generally, to promote the protection, development and well-being of children.” 

As you can see, the Children’s Act’s object is very extensive, focused solely in the interests of the child. Now let us look at what does it say about the best interests of a child.

For more information on this article, see Our only daughter is deceased. Can the Court give us sole custody and guardianship over our only grandchild, even if the father is still alive? What does the law say?


Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Grounds for full custody – child access, child maintenance and divorce

When it comes to child custody grounds, there are different variables at play. Most times, if the one parent happens to be unstable, the grounds for custody will lean more strongly towards the other parent, understandably so.

Having said that, a child access matter will have issues of visitation rights, divorce, child maintenance and drafting of parenting plans. These all go hand in hand when dealing with child custody.

Enjoy some of our free, expert legal advice articles below which could be of help for your when it comes to child custody legal matters. Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Legal advice articles – child custody, parenting plans and divorce

The articles below have been well crafted by the legal expert himself for your convenience:

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks

Do feel free to visit our frequently asked questions page on child custody in which you can gain some clarity on the matter.


Connect with us today and have an appointment made online for you!

About the Author

Advocate South Africa

Legal Advisor for Our Lawyer (Pty) Ltd
Call 0211110090
For appointments: https://www.ourlawyer.co.za/advice

5 thoughts on “Child Custody – Legal Advice and the Children’s Act

  1. Good – day i would like to know can i fight for custody of my grand daughter, she is 2yrs old. My problem is the mother of the child resides with her Mother and Step father, which she informed me, as a child she was molested by her Stepfather, however her mother didnt believe her. My concerns are that he is still living in the house with them, he is making the rules, at some point the mother of the child worked and left my grand daughter with him, which made me worried. They doesn’t have a respect by drinking (Daughters mother and step father), using fowl language in front of my grand daughter. My concern is i dont want my grand child to grow up in that environment and i have a conversation with the mother and tell her that i want to put my grand child in a proper creche then she can have her over weekends and times when the crèche are close. Her mother wasn’t impress with the decision and make a huge argument about it. And there is so many that i can speak about what i dont agreed on when it comes to my grand daughter, but the main concern is that the step father was molesting the mother of my grand daughter when she was young. My grand daughter came back from her mother yesterday and she was playing on my bed, showing how to make sex movement, the up and down story. iam so upset thats why iam looking for desperate answers.

  2. Good day.

    I need advise… The father of my son(2 months old) left the house 16 days after the birth his parents made sure he took his stuff. He didn’t want to talk about our problems he just left. I am still in contact with him and he sees his son. The advise I need is can me as the mother keep his parents away from the child? I just need to know what my rights is against his mother and father. Because his father did tell people that it is not his grandson and his mother does not show any interest. Do I have the right when the father of my son ask to take the child to his parents to say no?

  3. Hi
    I don’t really know where to start, just need some advice.
    Me and the biological father of our 2 children (age8 and 4) separated from each other a few weeks ago after 12 year we are not legally married, it was a abusive relationship.
    The children are staying at his mother in-law until i could find my feet.
    I have been served with a protection order stating that I am not allowed neer my children, making and claim false information on the protection order.
    I haven’t seen my children in a month i missed my son’s graduation and my daughter’s birthday.
    Me and the biological father are not fighting or meanful towards each other and clearly agreed that the children should stay with me, we are working together to solve the problem but it was clearly stated from her side that she is doing this to get back at me and not for the best interest of the children,my children are being used as a weapon against me.
    I just need advice because I don’t really trust the father any help so that i can be prepared for anything that they or she can do.
    My children are being emotionally abuse form her, she told my son about the protection order stating that I can be neer them.. emotional abuse that i have been through from that family.
    I do appreciate all the help and advice
    Hope you understand my situation

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