What does the law say?
Children are not only affected by the issues which relate directly to them, for example, primary residence, contact and maintenance, there are other disputes between parents and the acrimony between them may also affect their children. Sadly, some attorneys fuel this. There is a direct correlation between such attorneys’ methods and that of lining their own pockets. The fact remains that the longer the litigation process continues, the more the legal fees accordingly increase.
Section 6(4) of The Children’s Act (the Act), specifically states that “in all matters concerning a child an approach which is conducive to conciliation and problem-solving should be followed and a confrontational approach should be avoided.”
Our courts have also confirmed that this is the approach to be taken in the matters of MM vs. AV (2901/2010)  ZAWCHC 425 and S vs. L (728393/2016)  ZAGPPHC 929.
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Children may not know what they want
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Parents are, however, advised to note that the Act states that the views of a child must be given due consideration. This does not mean that the child can “choose”. The court, however, remains the upper guardian of minor children, and should a child’s wish not be in his or her best interest; it shall make an alternative order. It is important to identify an attorney that does not only adhere to Section 6(4) of the Act but is also fully abreast of the latest case law and interpretation thereof.