When parents separate or divorce, one of the most sensitive and emotional issues to resolve is the care and contact of their children. In South Africa, the Family Advocate plays a critical role in protecting children’s best interests and helping parents (and courts) reach decisions that work for the child’s welfare.
Yet, many parents have only a vague idea of who the Family Advocate is, what they do, and when they get involved.
This guide explains the role, powers, and processes of the Family Advocate in South Africa – in plain English – so you know exactly what to expect.
Understanding the Family Advocate’s Office
The Family Advocate is part of the Department of Justice and Constitutional Development and operates under the Mediation in Certain Divorce Matters Act 24 of 1987 and the Children’s Act 38 of 2005.
Their main duty is to ensure that the rights and best interests of children are upheld in disputes about parental responsibilities and rights.
They:
- Conduct investigations into the circumstances of children
- Mediate between parents to reach parenting agreements
- Advise courts on what arrangements would be best for the child
The Family Advocate is neutral – they don’t represent either parent. Instead, they act as the guardian of the minor child’s best interest.
When Does the Family Advocate Get Involved?
You’ll deal with the Family Advocate’s office in situations like:
- Divorce – if there are children under 18 involved
- Disputes between unmarried parents about care or contact
- Changing existing parenting arrangements
- Relocation disputes – when one parent wants to move far away or to another country with the child
- Guardianship disagreements
- Adoption and surrogacy-related investigations
In many cases, a court will not finalise care and contact arrangements without a report and recommendations from the Family Advocate.
What Exactly Do They Do?
The Family Advocate’s process generally involves:
a) Mediation
They first try to help parents reach a Parenting Plan without going to trial. This is faster, cheaper, and less stressful for everyone – especially the children.
b) Investigation
If mediation fails, they investigate the living arrangements, parenting skills, and overall environment each parent can provide. This may involve:
- Interviews with both parents
- Interviews with the children (age-appropriate)
- Home visits
- Speaking to teachers, relatives, or caregivers
c) Recommendations to Court
After gathering information, they compile a report with recommendations to the court about where the child should live, what contact each parent should have, and any other conditions necessary for the child’s welfare.
The Family Advocate’s Legal Powers
While the Family Advocate cannot make binding decisions on their own, their report is highly influential. Courts often follow their recommendations, unless there’s strong evidence to do otherwise.
They also have the power to:
- Call for expert evaluations (e.g., psychologist reports)
- Request medical or school records
- Summon witnesses to interviews
Best Interests of the Child – The Guiding Principle
Every recommendation made by the Family Advocate must comply with Section 28(2) of the Constitution: “A child’s best interests are of paramount importance in every matter concerning the child.”
This includes:
- Ensuring stability in the child’s life
- Maintaining relationships with both parents where possible
- Protecting the child from harm or neglect
- Considering the child’s own wishes, depending on their age and maturity
Real-Life Example
Imagine a divorced couple, Sam and Lerato, who live in different provinces. Their 10-year-old daughter lives with Lerato, but Sam wants her to live with him instead.
The Family Advocate:
- Mediates – to see if they can agree without a trial.
- Investigates – visiting both homes, speaking to the child, school, and family.
- Reports – recommending the child remain with Lerato during the school year but spend every school holiday with Sam.
The court, considering this report, agrees – ensuring the child keeps her stability while still maintaining a strong bond with both parents.
How Long Does the Process Take?
Time frames vary depending on:
- The complexity of the case
- Whether parents can agree early
- The availability of resources in the Family Advocate’s office
On average:
- Mediation can take a few weeks
- Full investigations can take several months
Stats That Highlight the Importance
While official nationwide stats are limited, Statistics South Africa’s 2022 divorce data shows:
- 44% of divorces involved children under 18
- In over 60% of cases, the mother was granted primary care
- Disputes over care and contact were a key cause of delays in finalising divorces
These numbers underline why the Family Advocate’s role is critical – without them, more cases would drag on in court, with children stuck in uncertainty.
How to Prepare for a Meeting with the Family Advocate
- Be honest – they will check facts.
- Bring relevant documents – school reports, medical records, or proof of involvement in the child’s life.
- Stay child-focused – avoid attacking the other parent.
- Be cooperative – this shows your willingness to act in your child’s best interests.
Key Takeaways
- The Family Advocate is neutral – they’re not on your side or your ex’s side.
- Their focus is solely on what’s best for the child.
- Courts rely heavily on their recommendations.
- Being prepared and cooperative can make the process smoother and faster.
The Family Advocate plays a vital role in South Africa’s family law system, ensuring children’s voices are heard and their best interests are protected.
Whether you’re starting divorce proceedings, renegotiating parenting arrangements, or facing a relocation dispute, understanding this process can help you navigate it with confidence.
