When parents separate, nothing matters more than the wellbeing and stability of your children. Questions about where your child will live, how often they will see each parent, schooling and financial support can feel overwhelming. Our family‑law team guides you through every step of custody negotiations and parenting‑plan agreements with empathy, clarity and a focus on what works best for your child. We listen to your concerns, explain your rights under South African law and help craft a plan that promotes stability and cooperation.
South African law uses the terms care and contact rather than “custody.” Care refers to where the child lives and day‑to‑day decision making; contact refers to the time the non‑resident parent spends with the child. The Children’s Act 38 of 2005 emphasises that the best interests of the child are paramount and discourages co‑holders of parental responsibilities from rushing to court. When parents have difficulties exercising their responsibilities and rights, they must agree on a parenting plan and first seek help from a family advocate, social worker, psychologist or mediator. Only if that fails may they approach the court.
A parenting plan is a written agreement that sets out how parents will exercise their responsibilities and rights. It must comply with the best‑interests standard and should cover:
The Act encourages parents to register the plan with the Office of the Family Advocate or make it an order of court. Children must also be consulted so that they can express their preferences about where they want to live and how they wish to spend time with each parent.
A parenting plan is more than a legal document; it is a roadmap for raising your children after separation. Developed with the help of a neutral mediator or family lawyer, it promotes:
We recognise that every family is different. Our approach is:
Child‑centred: We frame every decision around the child’s emotional, physical and educational needs.
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