South African law does not use the word "custody" - it refers to parental responsibilities and rights under the Children's Act 38 of 2005. These include care, contact, guardianship, and the duty to maintain. Custody attorneys help parents agree on parenting plans, apply for court orders on primary residence, and resolve disputes over schooling, relocation, and religion.
When to hire a child custody attorney
- You are separating and need a parenting plan drafted.
- The other parent is denying you contact with your children.
- You are concerned for your child's safety with the other parent.
- The other parent wants to relocate with the child outside your jurisdiction.
- Grandparents or a third party are seeking contact or care rights.
What to expect
Most matters start with a parenting plan - a written agreement covering primary residence, contact schedule, decision-making, and dispute resolution. The Family Advocate can mediate and must approve any plan involving minor children. Contested matters go to the High Court or Children's Court, often with a Family Advocate report, expert psychologist input, and interviews with the children. The Constitutional principle of the best interests of the child governs every decision.
Typical fees
Uncontested parenting plans: R3,000-R12,000. Contested applications in the High Court: R40,000-R300,000+ depending on expert reports, Family Advocate involvement, and time to trial.
Verified attorneys
498 attorneys found
Wayne Peter Cookson
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Mark David Jarrett
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Edrich Rood
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Charne Du Preez (Du Toit)
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Katherine Anne Gascoigne (Bewsey)
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Warwick Basil Daws Jones
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Shanell Shanay Chetty
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Beverley Clark (Wrighton)
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Mikhail Packery
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Hugo Ian Johnston
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Zoleka Lefa Moholo
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Lesley Blake
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Abel Daniel Schoeman
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Avril Albert Pagel
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Kim Maureen Schreuder-Horn
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Charmain Webb
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Ebhard Charles Robert Nilsen
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