Custody – The Difficult Question


CustodyA recent news article made mention of a parent resorting to standing outside a former partner’s workplace every day in a desperate attempt to gain access to their childs custody.

Under South African law this behaviour is seen as an illegal protest. And yet, what other possible recourse was available?

The breakdown of a relationship to this degree is lamentable, but, putting aside sentiment for the moment, what is the legal standing in such a case?

Thanks to decades of law dramas on our televisions it is generally thought that one parent has a stronger hand than the other in these situations– but under South African law it is a far more complex question.

Where the relationship is not ended amicably, and where no agreement for the care and contact with the child has been concluded, the law requires each parent’s rights to be weighed equally.

With all this in mind it is ever more imperative, in these complex times, to have an attorney capable of understanding the realities of the situation, and who can bridge the knowledge gap with the recognition of the sensitivities of the issue.

Need advice on custody?

Contact us or call us on +27 (0) 86 099 5146. Learn more at

Further reading:

Previous post:
Next post:

The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.

Need legal assistance?

Request a free call back