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Fawzia

Fawzia

Author: Legal Talk
Date: 2012-11-07
The "Office of the Family Advocate" forms an integral part of all divorce law landscape where minor children are involved. The role of the family advocate is to promote and protect the best interests of the children. An enquiry is held where there is a dispute regarding parental rights and responsibilities of minor children.

The Children's Act 2005 gives the family advocate greater scope of intervention in family law disputes. In conducting the enquiry the family advocate must remain objective and neutral. A counsellor, such as a social worker and or a psychologist, assists the family advocate during the enquiry.

The enquiry itself is conducted in an informal, non- intimidatory environment. This means it's not set up to resemble a court room in any way as it's supposed to encourage the warring parties, and indeed the children, to speak openly. Hardly surprising then, lawyers are discouraged from attending these enquiries and in my opinion, rightly so.

At the enquiry, the couple are interviewed and questioned about their personal details. The children are also interviewed. This prevents the children from having to appear in Court. A report is then sent to the court. In this report a recommendation is made as to which parent is more suited offer primary residency, what rights of contact should offered to non custodial parent, or perhaps whether joint custody of the children is recommended.

The best interests of the child (and not just the wishes of the parent) must always be considered. The family advocate is not allowed to act for either of the parties and cannot give evidence as a witness. If a litigant is not satisfied with the recommendations of the family advocate, he or she could approach an independent child expert to interview the children and to then challenge the recommendations.

Off course these findings would need to stand up to scrutiny by the court, who ultimately has the final say.

Some of the issues which the family advocate can also decide on include guardianship, drug addiction or alcohol abuse by a parent, the rights of contact of an unmarried father and formulating a parenting plan (which records the rights and responsibilities of both parents towards their children).

Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for any legal assistance.