Questions Asked by a Family Advocate in a Child Custody Dispute in South Africa

An In-Depth Overview of the Family Advocate’s Role and Key Inquiries

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Introduction

In South Africa, child custody disputes are often emotionally charged and complex, with the best interests of the minor child or children as the guiding principle. The Family Advocate plays a central role in these matters, acting as an impartial officer of the court whose primary responsibility is to promote and protect the welfare of children involved in custody and access disputes. To fulfil this duty, the Family Advocate conducts thorough investigations, interviews, and assessments, posing a range of questions to the parents, children, and sometimes other relevant parties (collaterals). This article explores in detail the types of questions a Family Advocate typically asks during a child custody dispute in South Africa and the objectives behind these inquiries.

The Role of the Family Advocate

Before delving into the specific questions, it is essential to understand the Family Advocate’s function. Appointed in terms of the Mediation in Certain Divorce Matters Act 24 of 1987, the Family Advocate assists the courts in determining what is in the child’s best interests. They conduct interviews, home visits, and may consult with other professionals such as social workers or psychologists. Their findings and recommendations are captured in a report that is presented to the court, helping to inform the final custody decision.

General Approach to Questioning

The Family Advocate’s approach is holistic, seeking to understand the complete family dynamic. Their questions are designed to assess:

The physical, emotional, and psychological well-being of the child
The parenting capabilities of each parent or caregiver
The nature of the relationship between the child and each parent
Any history of abuse, neglect, domestic violence, or substance abuse
The child’s preferences and their reasons (depending on age and maturity)
The practicalities of living arrangements, schooling, and support systems

Key Questions Asked During the Investigation

Questions to Parents or Guardians

Living Arrangements: “Please describe your current living situation. Who lives with you in your home?”
Daily Routine: “What does a typical day look like for your child in your care? Who is responsible for getting them to school, preparing meals, and helping with homework?”
Relationship with the Child: “How would you describe your relationship with your child? What activities do you enjoy together?”
Discipline: “What methods of discipline do you use? Can you give an example of how you have handled behavioral issues?”
Parental Involvement: “How involved are you in your child’s schooling, social life, and extracurricular activities?”
Work Commitments: “What are your working hours? How do you balance work and parenting duties?”
Support System: “Do you have family or friends who assist you with childcare?”
Health of the Child: “Are there any medical conditions, special needs, or psychological concerns affecting your child? How do you address these?”
Concerns About the Other Parent: “Do you have any concerns about the other parent’s ability to care for the child? If so, please elaborate.”
History of Conflict: “Have there been any incidents of conflict, domestic violence, or substance abuse in the home?”
Child’s Wishes: “What do you believe your child wants? How do you support their need to have a relationship with the other parent?”
Future Plans: “Are you planning to move, remarry, or make any major life changes that could affect your child?”

Questions to the Child (Age-Appropriate and Sensitive)

The Family Advocate will tailor their approach based on the age, maturity, and emotional state of the child. Questions are asked in a non-threatening, conversational manner.

“Can you tell me about your home? Who lives with you?”
“What do you like to do after school or on weekends?”
“How do you feel when you are with your mom? And when you are with your dad?”
“Is there anything you wish could be different at home?”
“How do you get to school? Who helps you with your homework?”
“Are there things that make you feel scared or unhappy?”
“If you could choose, where would you like to live? Why?”
“Do you get to see your other parent often? How do you feel about that?”

Questions to Other Relevant Individuals

The Family Advocate may also speak to extended family members, teachers, caregivers, or other professionals involved with the child.

“In your opinion, how does the child cope in their current environment?”
“Have you noticed any changes in the child’s behaviour or mood?”
“How would you describe the child’s relationship with each parent?”
“Are there any concerns you have about the child’s safety or well-being?”

Specific Areas of Inquiry

1. Parental Capacity and Stability

The Family Advocate must ascertain which parent can provide a more stable and nurturing environment. Questions probe financial security, emotional stability, support networks, and consistency of care.

2. Allegations of Abuse or Neglect

Where there are allegations or evidence of abuse, the Family Advocate’s questions become more focused:

“Has the child ever reported being hurt or threatened at home?”
“Has anyone observed bruises, injuries, or signs of neglect?”
“Are there protection orders in place? If so, what was the context?”
“What support services are being utilised, if any?”

3. Child’s Expressed Views and Wishes

While the child’s wishes are not the sole determinant, their views are given appropriate weight based on age and maturity. The Family Advocate explores the reasons behind the child’s preferences to ensure they are not being unduly influenced.

4. Practical Considerations

The advocate examines practical issues such as proximity to schools, family, medical services, and the feasibility of contact or visitation schedules.

Ethical Considerations

All questions are posed in a manner that avoids leading or pressuring the child or parents. The Family Advocate must remain neutral and ensure that the process is fair, transparent, and always centred on the child’s best interests.

Sample Interview Flow

Introduction and explanation of the Family Advocate’s role
Building rapport and establishing a safe environment for discussion
Open-ended questions about daily life and routines
Follow up on specific concerns or allegations
Discussion of the child’s needs, wishes, and feelings
Assessment of parental cooperation and willingness to promote a healthy co-parenting relationship
Summary and next steps

Conclusion

The Family Advocate’s questions in South African child custody disputes are comprehensive and thoughtfully designed to create a complete picture of the child’s circumstances and well-being. The goal is always to safeguard the child’s best interests and ensure a stable, loving, and supportive environment, regardless of parental conflict. By addressing practical, emotional, and safety-related aspects, and by listening to the child’s voice, the Family Advocate provides indispensable insight to the court, helping to shape decisions that impact children’s lives for years to come.