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Need a divorce attorney Cape Town?
Considering Divorce? I'm on your side
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Dr Ilze Van der Merwe
B.A. (Psych) (RAU) B.A Honn (Psych)(RAU) M.A. Research Pysch (Cum Laude)(RAU) M.A. Couns. Psych (Cum Laude)(RAU) D.Litt et Phil.(RAU)
Divorce Attorney Cape Town
Admitted Attorney of the High Court of South Africa.
B.Bus.Sci (UCT), LLB (UCT), PDLP (UCT)
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With which parent should the child reside?

After the divorce, will my children live with me, or my ex?

One of the most important parts of your Parenting Plan will focus on the primary residence of your children. Simply put, your Parenting Plan will outline where your children live for most of the time, and which parent will care for them on an almost full-time basis.

But how will the primary residence be chosen? Here are a few guidelines:

  • Your first priority, and the courts, will naturally always rest on the best interests of your children. For that reason, your respective homes, abilities and willingness to care for your children on a more permanent basis will need to be considered.
  • Both parent’s individual relationships with their children are also of prime importance.
  • The parent who provides day-to-day care of the children, including feeding, bathing and other tasks, is normally the one where routines have been established. Wherever possible, during and after a divorce, it is important to keep your children’s routines, schools and established relationships the same.
  • Children should be given an opportunity, once they are of the appropriate age and maturity, to express their desires in terms of where they will live. This can sometimes cause conflict between parents but it is an important part of the decision making process.

Choosing a primary residence for your children after a divorce is a decision that requires deep consideration. Let our team help you and your family to make this important choice.

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