ARTICLE
19 April 2023

How Does The Children's Court Work In South Africa?

BI
Barnard Inc.

Contributor

Barnard Inc is a full-service commercial law firm, with services covering corporate and compliance, intellectual property, construction, mining and engineering, property, fiduciary services commercial litigation, M&A, restructuring, insurance, and family law. Our attorneys advise listed and private companies, individuals, and local and foreign organisations across South Africa, Africa and internationally.
As the name suggests, the Children's Court is a special court that deals with issues involving children. It's set up specifically to protect the best interests of minors and takes care of children who are in need of care and protection.
South Africa Family and Matrimonial

As the name suggests, the Children's Court is a special court that deals with issues involving children. It's set up specifically to protect the best interests of minors and takes care of children who are in need of care and protection. This court also makes decisions about children who have been abandoned, neglected, or abused.

The great thing about Children's Courts is that they try to approach any situation in a non-confrontational manner first. They don't immediately place the parents in a regular courtroom but instead try to accommodate the parties in chambers. This means that the parties will be given a chance to state their case (with or without an attorney) and the magistrate will first try to help them reach an amicable agreement.

What types of matters are dealt with in a children's court?

The court has the right to adjudicate most matters where minor children are involved, including applications for increased contact with a specific minor child, applications for protection and well-being of a minor child, adoption applications, and any other matter relating to the care, protection or well-being of a child provided for in the Children's Act.

Any person who has rights and responsibilities over a specific minor child, or a person requesting to be awarded rights and responsibilities, may approach the children's court.

It's important to note that while children's courts are designed specifically for the public, they're still regarded as a magistrate court and the necessary rules and regulations still apply. So, if you're considering approaching the children's court, it's advisable to seek assistance from a professional familiar with this unique court.

Remember, when it comes to the rights of minor children, it's always preferable to seek expert legal advice from an experienced Family Law attorney

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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