Modifying Child Care and Contact Arrangements Post-Divorce in South Africa

In the dynamic landscape of family life, circumstances can change significantly post-divorce or separation, leading parents in South Africa to wonder if and how they can modify existing child care and contact (previously known as custody and visitation) arrangements. This article addresses the process and considerations involved in adjusting child care post-divorce or separation in South Africa.

Grounds for Modifying Child Care & Contact Arrangements

Child care and contact modifications are based on the premise that a significant change in circumstances has occurred since the original order was made. These changes may include:

1. Relocation of a Parent: Either parent moving to a new location that impacts the current care and contact arrangement.

2. Change in Living Conditions: Alterations in either parent’s living situation that affect their ability to provide a stable environment for the child.

3. Child’s Needs: Changes in the child’s educational, emotional or physical needs.

Legal Process for Modification

1. Application for Modification: A parent seeking to modify care and contact must apply to the court that issued the original care and contact order or parenting plan.

2. Evidence of Changed Circumstances: The parent must provide evidence of the significant changes warranting the modification.

3. Best Interests of the Child: The court will reassess the child’s best interests based on the new circumstances.

Factors Considered by the Court

• Stability and Continuity: The court considers the importance of maintaining stability and continuity in the child’s life.

• Parent-Child Relationship: The quality of each parent’s relationship with the child is evaluated.

• Safety and Welfare: Any concerns regarding the child’s safety and welfare are paramount.

Mediation and Negotiation

• Alternative Dispute Resolution: Parents are often encouraged to use mediation to reach a new agreement on care and contact.

• Legal Representation: It's advisable for parents to seek legal representation to navigate the modification process effectively.

Enforcing Modified Care and/or Visitation Orders

Once a care and contact modification is approved, it becomes legally binding. Non-compliance with the modified order can lead to legal consequences.

Conclusion

Modifying child care and contact arrangements in South Africa is a legally complex process that requires demonstrating a significant change in circumstances. The guiding principle remains the best interests of the child. Understanding the legal process and seeking the right legal advice are crucial for parents considering a modification to their child care and contact arrangement.

Barter McKellar’s family law attorneys have extensive experiencing on advising on all aspects of family law matters. If you would like to find out more, contact our offices today to schedule a consultation with one of our specialist family law lawyers.