When a married couple makes the decision to divorce and there are minor children born from such a marriage relationship an order will be made as to who is the primary caregiver of the minor children and which parent will have a right to contact with the minor children.
Circumstances change and the parents might decide to change the order with regards to contact and/or primary residence.
The parties may elect to reach an agreement with one another to effect such changes where after they will have to approach the court in their jurisdiction to amend the order in accordance with their agreement.
Should the parties not be able to reach an agreement the party wishing to change the contact arrangement, will have to approach the court and ask for the relief he/she wishes. The Family Advocate with a social worker will investigate the disputes and give their recommendation to the court. After all parties have been heard the court will make a decision and give an order.
At all stages the minor children’s best interest are of paramount importance in accordance with the Children’s Act 38 of 2005. The minor children’s age stage of maturity and development will be taken into account.
Article by Nathea Smith (Associate)
