The Family Advocate
The family advocate assists parents in divorce proceedings to reach an agreement on disputed issues, namely care, contact and guardianship. If the parents are unable to reach an agreement, the family advocate evaluates their circumstances in light of the best interests of the child and makes a recommendation to the court regarding care, contact and guardianship.
The family advocate cannot be subpoenaed to court as a witness to give evidence on behalf of a parent, even if his/her recommendation was in favour of that parent. The recommendation is intended to help the court in deciding a matter and arriving at a particular order. The recommendation itself is not enforceable unless integrated in a court order.
In addition, as an impartial institution, the family advocate cannot act as a legal representative for either parent. Their services are rendered free of charge; however, parents may be required to obtain forensic evaluation or testing at their own expense.
Purpose
The purpose of the family advocate is to promote and protect the best interests of minor or dependent children in parental responsibilities and rights disputes. The professional component of the Office of the Family Advocate comprises lawyers (family advocates) and social workers (family counsellors), who operate in multi-disciplinary teams to ensure a holistic and qualitative approach to the best interests of the child throughout the dispute resolution or the court adjudication process.
Powers
The powers and duties of the family advocate according to the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987) are:
These powers and duties have been extended by the Children’s Act, which makes it compulsory for parents to attend mediation by a family advocate in parental rights and responsibilities disputes over children born out of wedlock.
Nature of work
Parents visit the family advocate when they have a divorce pending in court, and have minor or dependent children whose subsequent care, contact, guardianship or visitation arrangements are in dispute. Any parenting plan or divorce settlement agreement that contains parental rights and responsibilities must also be endorsed by the family advocate’s office prior to a divorce being granted.
A family advocate may also be consulted when:
The Office of the Family Advocate gives the child an opportunity to be heard with regard to his/her position in the pending divorce. The atmosphere at the Office of the Family Advocate is therefore less rigid and solemn and more child-friendly compared to that of a courtroom. The family advocate uses techniques of alternate dispute resolution and may work in liaison with other professionals (such as social workers, psychologists and psychiatrists) in assisting the family and ascertaining what is in the best interests of the child.
The family advocate cannot be subpoenaed to court as a witness to give evidence on behalf of a parent, even if his/her recommendation was in favour of that parent. The recommendation is intended to help the court in deciding a matter and arriving at a particular order. The recommendation itself is not enforceable unless integrated in a court order.
In addition, as an impartial institution, the family advocate cannot act as a legal representative for either parent. Their services are rendered free of charge; however, parents may be required to obtain forensic evaluation or testing at their own expense.
Purpose
The purpose of the family advocate is to promote and protect the best interests of minor or dependent children in parental responsibilities and rights disputes. The professional component of the Office of the Family Advocate comprises lawyers (family advocates) and social workers (family counsellors), who operate in multi-disciplinary teams to ensure a holistic and qualitative approach to the best interests of the child throughout the dispute resolution or the court adjudication process.
Powers
The powers and duties of the family advocate according to the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987) are:
- to institute an enquiry so as to be able to furnish the court with a report and recommendation on any matter concerning the welfare of the minor child;
- to appear at the trial or hearing of any relevant application;
- to adduce any available evidence; and
- to cross-examine witnesses giving evidence at the trial or hearing of an application.
These powers and duties have been extended by the Children’s Act, which makes it compulsory for parents to attend mediation by a family advocate in parental rights and responsibilities disputes over children born out of wedlock.
Nature of work
Parents visit the family advocate when they have a divorce pending in court, and have minor or dependent children whose subsequent care, contact, guardianship or visitation arrangements are in dispute. Any parenting plan or divorce settlement agreement that contains parental rights and responsibilities must also be endorsed by the family advocate’s office prior to a divorce being granted.
A family advocate may also be consulted when:
- drafting parenting plans or parental responsibilities and rights agreements;
- applying for the registration of a parenting plan or parental responsibilities and rights agreement;
- making a parenting plan or parental responsibilities and rights agreement an order of the court;
- amending and/or terminating a plan or agreement already registered;
- varying care, contact, guardianship or visitation arrangements;
- applying for definitions of care, contact and guardianship;
- dealing with disputes arising from the exercising of parental responsibilities and rights;
- dealing with care, contact or guardianship disputes arising from the termination of a customary or religious marriage;
- dealing with domestic violence and maintenance cases that have been referred to a family advocate;
- dealing with parental child abduction to and from South Africa;
- an unmarried father applies for care and contact or guardianship; and
- addressing any other matter involving minor or dependent children where the court has specifically ordered the family advocate to intervene.
The Office of the Family Advocate gives the child an opportunity to be heard with regard to his/her position in the pending divorce. The atmosphere at the Office of the Family Advocate is therefore less rigid and solemn and more child-friendly compared to that of a courtroom. The family advocate uses techniques of alternate dispute resolution and may work in liaison with other professionals (such as social workers, psychologists and psychiatrists) in assisting the family and ascertaining what is in the best interests of the child.
