Divorce and the minor child
One of the consequences of a divorce is no doubt that the best interests of the minor child must be taken into consideration (a minor child is now considered to be a child under the age of 18 years).
In South Africa, the Court is seen to be the upper guardian of the minor child and must make decisions that are in the best interest of the minor child. The Court appoints the Family Advocate, whose address in Cape Town is 55 Union Castle Building, St Georges Mall, 10th Floor, to look into what are in the best interests of the minor child. All arrangements relating to “care” and “contact” to the minor child (formerly referred to as “custody” and “access”) must be approved of by the Family Advocate as well as the presiding official at the court.
When instituting a divorce action and your spouse is abusing alcohol and/or drugs, or is physically aggressive, it is best to ask for supervised “contact” in your divorce papers. The Family Advocate will then investigate the conditions of the minor child in order to determine what is in the best interests of the minor child.
One should always consider in your divorce papers the best interests of the minor child, and ensure that your “contact” arrangements are clearly defined, as the Magistrate or Judge may not grant a divorce order where the “contact” arrangements are too vaque, which could prolong the divorce unnecessarily.
This article was written by Peter Baker, a divorce lawyer in Cape Town, and is based on divorce law in South Africa.