The Family Advocate mediates between the court and the relevant family, helping to resolve custody, guardianship and access issues. He or she is employed by the Department of Justice and is an Officer of the Court. If the parties are unable to reach an agreement, the Family Advocate will make a recommendation to the court in light of what he/she considers to be the best interests of the child.
The purpose of an enquiry is to enable the Family Advocate to report to court and to make recommendations about the best interests of the minor child(ren). The Family Advocate takes a neutral stance ( i.e. is impartial ) and does not represent the wishes of either of the parties, or even those of the child, but rather focuses on the best interests of the minor child(ren).
The Office of the Family Advocate can only become involved if there is a matter pending either at the High Court or at the Central Divorce Court. The Family Advocate may hold an enquiry, even if not requested to, although he/she normally acts on the request of one of the parties to hold an enquiry. During the inquiry the Family Advocate is assisted by a Family Counsellor to interview the couple to ascertain their personal circumstances and other pertinent details. The children are also interviewed, which prevents them having to appear in Court.
The best interests of the minor child(ren) are the most important factor which is taken into account by the Court in deciding how each party is to exercise his or her parental responsibilities and rights.
The Court, with the assistance of the Family Advocate, must decide what arrangements will best suit the needs of the minor child(ren).When determining what will be in the best interest of the minor child(ren) the factors listed in Section 7 of the Children’s Act, Act 38 of 2005 are taken into account and weighed up against each other.
If you have any questions about Section 7 of the Act, the Family Advocate will assist you when you attend your consultation.
The Family Advocate acts as an advisor to the court and attempts, in appropriate matters, to assist the parties in reaching an agreement on the best interests of the minor child(ren).
Should the parties not be ale to reach an agreement on the best interests of the minor child(ren) , the Family Advocate will be assisted by a Family Counsellor who will conduct an assessment based on the information received from the parties and, possibly, collateral sources.
The Family Advocate merely reports to the Court and makes recommendations on what he or she believes, based on the available information, to be in the best interests of the minor child(ren) involved. The court will consider the recommendation of the Family Advocate and grant an order which it believes ensures that the best interests of the minor child(ren) are served.
In line with Section 6 of the Children’s Act, Act 38 of 2005, the office of the Family Advocate promotes a conciliator (or problem solving) approach to care and / or contact disputes rather than a confrontational approach.
It is for this reason, amongst others, that the Family Advocate places the emphasis on mediation, where the parties are assisted in resolving their own disputes. Only in cases where mediation is not successful, will the Office of the Family Advocate conduct an assessment.
In Cape Town the contact details for the family advocate are:
Tel: |
021-426 1216 |
Fax: |
021-426 1215 |
E-mail: |
|
Postal Address: |
Private Bag X 9003 , Cape Town , 8000 |
Physical Address: |
55 Union Castle Building, 10th Floor, St George’s Mall, Cape Town |