Child Participation

When parents’ divorce or separate, the separation is from one another but never from the children. The original family structure changes significantly after separation, and the emotional and physical impact is on the entire family system. It is important to assist every member of the family, and co-parenting is then implemented to support the children (and parents). Children need consistency and stability while moving between two homes.

The Children’s Act 38 of 2005 (section 6(4) and 10) allows for a child to be interviewed by a suitably qualified person, giving the child the opportunity to participate by sharing their own views and wishes (should their age, developmental stage, and maturity allow for the interviewing). As the best interests of the child is paramount, it is essential that expert regard and consideration be given to any views and wishes expressed by the child.

A child has the right to have a meaningful relationship with both his or her parents.

A copy of the Children’s Act is available under documents.