Care and contact applications are a crucial part of family law in South Africa. If you're going through a divorce or separation, you may need to file a care and contact application to determine custody, visitation and support arrangements for your children. Here's what you need to know about care and contact applications in South Africa.

What is Care and Contact?

Care, which is also referred to as custody, involves providing a suitable place to live for a child that encourages the child’s health and development.

Contact refers to maintaining a personal relationship with a child which entails seeing the child, spend time with the Child and/or communicate with the child.

What Rights & Responsibilities does a Parent have?

In South Africa, a parent has the following rights and responsibilities towards their child:

• to care for the child;

• to keep contact with the child;

• to act as guardian of the child; and

• to contribute to the maintenance of the child.

Both parents of a child have equal rights and responsibilities, but when they are not living together, specific rights and responsibilities may be given to one parent, either by court order or agreement between the parents.

What is a Care and Contact Application?

South African law enables any person who has an interest in a child to apply to court for an order for care or contact with the child.

A care and contact application is a legal process that allows parents to determine the custody, visitation, and support arrangements for their children. It is usually filed when parents are going through a divorce or separation and cannot agree on these arrangements. The court will consider various factors, including the best interests of the child, when making a decision.

Do I have to Pay Maintenance if I do not have Contact?

Yes you do as it does not matter whether or not you have contact rights, you still have a legal duty to financially support your child.

Care and contact applications are an important part of family law in South Africa. Whether you're going through a divorce or separation, it's important to understand the types of applications available, the process involved, and the factors that the court will consider when making a decision. By working with a family law attorney and considering mediation, you can navigate the care and contact application process with confidence and ensure that your children's best interests are protected. Barter McKellar’s family law attorneys have assisted many clients with care and contact applications. Contact us if you would like to find out more.