Lessons from the Paulse disciplinary hearing
Per IOL, retired Judge Siraj Desai has been appointed to monitor disciplinary proceedings against Cape Town attorney Kaamilah Paulse after the Legal Practice Council (LPC) Appeals Tribunal found prima facie evidence that her conduct helped to exclude a father from his children's lives and secured a protection order in his absence. The Tribunal also criticised the handling of confidential information and the alleged blocking of the father's access to school records. A second complainant and several NGOs are now calling for Ms Paulse's disbarment, arguing that her tactics amount to parental alienation.
Although the allegations are still being tested, the case is a timely reminder that South African family law centres on the paramount principle that a child's best interests must come first (Children's Act 38 of 2005 and section 28(2) of the Constitution). Parental alienation undermines that principle by damaging a child's relationship with one parent, often leaving lasting psychological scars and deep financial and emotional strain for both parents.
What is parental alienation?
Parental alienation occurs when one parent, intentionally or through persistent negative conduct, induces a child to reject the other parent. The child may begin to fear or resent the targeted parent without legitimate reason, leading to broken bonds, identity issues, and anxiety that can persist into adulthood. For the alienated parent, the effects include prolonged litigation, unexpected legal costs, and the trauma of missing key moments in their child's life.
While Parental Alienation is not defined in the Children's Act, our Courts acknowledge that it is a form of emotional and/or psychological abuse, in which the Courts are quick to intervene to facilitate and restore contact between the alienated parent and minor child; as well as involve social workers and therapists to determine contact arrangements that are in line with the best interests of the minor child.
Section 10 of the Children's Act details "the voice of the child" , in which gives a child the right to be heard in matters affecting them, in cases of parental alienation, the court/ social worker/ family advocate will give effect to section 10, to understand the minor child's needs and wants.
Ethical duties for legal practitioners
Attorneys are officers of the court; our duty extends beyond zealous representation to the broader administration of justice. In custody disputes, this means:
- Prioritising the child's welfare – ensure any protective measures, such as interim orders, are properly served and genuinely necessary.
- Discouraging aggressive tactics – avoid strategies that inflame conflict or isolate a parent without sound evidence.
- Maintaining confidentiality – safeguard sensitive records and obtain disclosure only through lawful channels.
- Giving balanced advice – warn clients of the long-term harm alienation causes, even when such advice may not align with short-term goals.
Practical guidance for attorneys
- Verify service of urgent orders before approaching court for a final order.
- Recommend parenting plans that foster regular contact and co-operation, adjusting them as children's needs evolve.
- Document objectively – keep records that focus on the child's experiences rather than the parents' grievances.
- Engage child specialists early; therapeutic interventions often reduce reliance on litigation.
The Paulse matter highlights how quickly professional conduct can come under scrutiny when children's rights are at stake. By keeping the spotlight firmly on the child's welfare and embracing ethical practice, legal professionals can help families reach durable, less adversarial solutions.
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.
