While many people still use the term “custody,” the South African Children’s Act now uses the terms “care” and “contact” to define a parent’s rights and responsibilities.
Care generally refers to where the child lives and the parent who looks after their day-to-day needs. This is what many think of as primary physical custody.
Contact refers to the right of the other parent to maintain a relationship with the child, which includes visiting them, having them stay over, or communicating regularly through phone or video calls.
Understanding these terms is the first step in addressing any dispute.
Choosing the wrong forum can lead to significant delays, unnecessary costs, and may not even result in the outcome you need. For example, a particular court may not have the authority to grant the specific type of order you require, forcing you to start the entire process over elsewhere.
By consulting with a specialised Family Law attorney first, you can develop a clear strategy. An attorney will assess your specific circumstances and advise you on the most effective and efficient forum to resolve your dispute, saving you time, money, and emotional stress.
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