Parental Rights, Care & Contact
The Children's Act (Act 38 of 2005) provides for, parental responsibilities and rights are which consists of three primary components: care, contact, and guardianship. Care refers to the day-to-day caring and raising of your child; contact refers to maintaining a relationship with a child, including visits, communication and time spent together; and guardianship refers to the right to make major decisions about a child's life, such as schooling, medical treatment, and travel outside of the borders of South Africa. These rights do not automatically disappear when a relationship ends and understanding them is essential when navigating any separation or dispute involving children.
At Grohovaz Attorneys, we assist parents — whether married, divorced, or never in a formal relationship — in establishing clear and legally sound arrangements that allow their child/ren to maintain a meaningful relationship with both parents where this is in the child's best interests. This may involve assisting you in negotiating and drafting a parenting plan, which sets out practical details such as primary residence, contact schedules, holiday arrangements, communication protocols and decision-making processes. A well-drafted parenting plan, registered with the Family Advocate, provides both parents and children with the stability and predictability they need. Our parenting plans are endorsed by psychologists and/or social workers before they are submitted to the Family Advocates and/or to the court to be made an order of court.
Where agreement cannot be reached and court intervention becomes necessary, we will represent your interests with focus and care, ensuring that the court has a full and accurate picture of your child's needs and circumstances. South African courts are guided by the paramountcy of the child's best interests, and we work within that framework to ensure that your child's voice and wellbeing remain central to every decision.
Contact Grohovaz Attorneys to discuss your rights regarding your children. Whether your situation is straightforward or complex, we will assist you in finding a path forward in the interest of your family.