Resources

Best interest of Child Standard
Contact list - Office of the Family Advocate
Papers

BEST INTEREST OF THE CHILD STANDARD

The Best Interest of the Child Standard is presented in section 7 of the Children’s Act 38 of 2005. Section 7 states the following.

7. (1) Whenever a provision of this Act requires the best interests of the child standard
to be applied, the following factors must be taken into consideration where relevant,
namely-

the nature of the personal relationship between-
(i) the child and the parents, or any specific parent; and
(ii) the child and any other care-giver or person relevant in those
circumstances;
the attitude of the parents, or any specific parent, towards-
(i) the child; and
(ii) the exercise of parental responsibilities and rights in respect of the child;
the capacity of the parents, or any specific parent, or of any other care-giver or person, to provide for the needs of the child, including emotional and
intellectual needs;
the likely effect on the child of any change in the child’s circumstances,
including the likely effect on the child of any separation from-
(i) both or either of the parents; or
(ii) any brother or sister or other child, or any other care-giver or person, with
whom the child has been living;
the practical difficulty and expense of a child having contact with the parents,
or any specific parent, and whether that difficulty or expense will substantially
affect the child’s right to maintain personal relations and direct contact with the parents,
or any specific parent, on a regular basis;
the need for the child-
(i) to remain in the care of his or her parent, family and extended family; and
(ii) to maintain a connection with his or her family, extended family, culture
or tradition;
the child’s-
(i) age, maturity and stage of development;
(ii) gender;
(iii) background; and
(iv) an other relevant characteristics of the child
the child’s physical and emotional security and his or her intellectual,
emotional, social and cultural development;
any disability that a child may have;
any chronic illness from which a child may suffer;
the need for a child to be brought up within a stable family environment and,
where this is not possible, in an environment resembling as closely as possible
a caring family environment;
the need to protect the child from any physical or psychological harm that may
be caused by -
(i) subjecting the child to maltreatment, abuse, neglect, exploitation or
degradation or exposing the child to violence or exploitation or other
harmful behaviour; or
(ii) exposing the child to maltreatment, abuse, degradation, ill-treatment,
violence or harmful behaviour towards another person.
any family violence involving the child or a family member of the child; and
which action or decision would avoid or minimise further legal or
administrative proceedings in relation to the child.

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OFFICE OF THE FAMILY ADVOCATE CONTACT LIST

Office	Address	Telephone
Chief Family Advocate	Office of the Chief Family Advocate Private Bag X81 Pretoria 0001	012 – 357 8021 (t) 012 – 357 8043 (f)
Durban Office	Office of the Family Advocate Private Bag X 54353 Durban 4000	031 – 310 6500(t) 031 – 310 4130 (f)
Bloemfontein	Office of the Family Advocate Private Bag X20557 Bloemfontein 9300	051 – 447 1115 (t) 051 – 430 5052 (f)
Nelspruit (Mpumalanga)	Office of the Family Advocate Private Bag X11217 Nelspruit 1200	013 – 752 2755 013 – 752 8464
Polokwane (Limpopo)	Office of the Family Advocate Private bag x 9681 Polokwane 0700	015 – 633 7295 (t) 015 – 633 7258 (f)
Kimberley (N. Cape)	Office of the Family Advocate Private Bag X6106 Kimberley 8301
Mmabatho/Mafikeng (N West Province)	Office of the Family Advocate Mafikeng Private Bag x 2033 Mmabatho, 2735	018 – 381 3898 018 – 392 6158
Western Cape	Office of the Family Advocate P.O. Box 136 Cape Town 8000	021 – 426 1216 (t) 021 – 426 1215 (f)
Johannesburg/Gauteng	Office of the Family Advocate Private Bag X7 Johannesburg 2000	011 – 333 3724 (t) 011 – 337 8189
Pretoria	Office of the Family Advocate Private Bag X88 Pretoria 0001	012 – 323 0760 012 – 323 9566
Eastern Cape	Office of the Family Advocate 1 Bird Str, Central, Port Elizabeth, 6000	041 – 585 5718 (t) 041 – 585 4459 (f)

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PAPERS

POST DIVORCE CONFLICT: DEALING EFFECTIVELY WITH CONFLICT THROUGH PARENTING PLANS

Workshop presented by Dr P M Duchen and Ms I Dennill at The Fifth Annual National Conference on “ Dealing with children and Divorce” Date 15th and 16th September 2005.

Abstract
This workshop aims at providing practitioners with information and an outline of a process that we have found useful in dealing with post-divorce conflict. The workshop will draw on literature, as well as, anecdotal evidence from our experience in drafting Parenting Plans. Conflict can be contextualised in terms of the severity thereof. We provide an overview of levels of conflict. The paper explores the reasons for conflict continuing between parents post-divorce. The workshop focuses on the definition, use and value of a Parenting Plan in dealing effectively with post-divorce conflict. We conclude with proposals regarding a mediation process and education that is useful when drafting a Parenting Plan.

» Download this paper [Word doc 72kb]

THE ROLE OF THE EXPERT WITNESS IN CUSODY, JOINT CUSTODY AND ACCESS MATTERS.

Dr Ronel Duchen was invited to present this paper at a seminar on family law presented by The Law Society of the Northern Provinces.

Abstract
The choice of an expert could be critical. This paper explores the difficulties that legal practitioners experience in using psychological expert evidence. It provides an overview of international standards of practice that is required in child custody, joint custody and access evaluations. The paper concludes with practical advice to legal practitioners regarding their choice of an expert witness.

» Download this paper [Word doc 60kb]

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