The Family Advocate is a neutral, legally qualified official who helps protect children’s best interests when parents or other holders of parental responsibilities and rights disagree about care, contact or guardianship. The office may help the parties reach an agreement, assist with a parenting plan, hear a child’s views where appropriate, or make a recommendation to the court. It does not act as the lawyer for either parent, and its recommendation is not itself a court order.
This guide explains when to approach the Family Advocate in South Africa, what happens during an enquiry, what questions may be asked, how to prepare, and which disputes need a different legal route.
What does the Family Advocate do?
The Office of the Family Advocate forms part of the Department of Justice and Constitutional Development. Its role is child-centred. In suitable matters, a Family Advocate and Family Counsellor may:
- mediate disagreements about a child’s care, contact or guardianship;
- help parents or other parties formulate a parenting plan or parental responsibilities and rights agreement;
- interview the adults and, where appropriate, the child;
- evaluate the family’s circumstances against the child’s best interests;
- prepare a report and recommendation for the court if agreement is not reached; and
- assist with the registration of certain parenting plans and parental responsibilities and rights agreements.
Older official material and many court documents use the words “custody” and “access”. The Children’s Act 38 of 2005 generally uses the terms care and contact. Our separate guide explains care, contact and guardianship in a divorce.
When should you approach the Family Advocate?
The Family Advocate may be the correct starting point when:
- parents cannot agree where a child should live or how contact should work;
- there is a dispute about guardianship or the exercise of parental responsibilities and rights;
- parents need help preparing or registering a parenting plan;
- an unmarried father’s parental responsibilities and rights are disputed;
- a divorce or other court case involving a child has been referred for an enquiry; or
- a court needs a neutral assessment and recommendation about the child’s best interests.
A parent may approach the office directly in an appropriate matter, or a court may direct that an enquiry be conducted. The exact route and documents depend on the dispute and whether court proceedings have already started.
When is another route more appropriate?
The Family Advocate has an important but defined role. It is not a general substitute for every family-law process.
| Your immediate issue | Likely route |
|---|---|
| A disagreement about care, contact, guardianship or a parenting plan | Approach the Family Advocate, obtain legal advice, or use an appropriate mediation or court process depending on the facts. |
| A child may be abused, neglected, abandoned or in immediate danger | Use urgent protective measures. Depending on the facts, this may involve SAPS, a social worker, the Children’s Court, a protection order or an urgent court application. See our Children’s Court guide. |
| Child maintenance must be claimed, increased, reduced or enforced | The Maintenance Court is ordinarily the operational route. See our guide to the Maintenance Court in South Africa. |
| A child has been wrongfully taken across an international border or is being retained abroad | This requires specialist, urgent advice. The Office of the Chief Family Advocate is South Africa’s Central Authority for Hague Convention matters. Read the international child abduction guide. |
| You want to reopen or change an existing court order | Do not assume an enquiry can replace a variation application. The correct process depends on the order, changed circumstances and relief required. |
How does a Family Advocate enquiry work?
There is no single script for every family. A straightforward, cooperative parenting-plan matter is different from a high-conflict dispute with litigation, safety allegations or competing expert evidence. The usual process may include the following stages.
1. Application or court referral
One or both parties approach the relevant office, or the court directs the Family Advocate to conduct an enquiry. The office may ask for forms and supporting documents before allocating or progressing the matter.
2. Interviews with the adults
The Family Advocate, often assisted by a Family Counsellor, obtains the background to the dispute and each party’s proposals. The parties may be interviewed together or separately where necessary. The purpose is not to reward the more forceful parent. It is to understand the child’s circumstances and identify an arrangement consistent with the child’s best interests.
3. The child’s participation
A child may be interviewed so that their views can be conveyed without requiring them to give evidence in an intimidating court setting. Participation must be handled in a manner appropriate to the child’s age, maturity and stage of development. A child’s view matters, but the child should not be made responsible for choosing between parents.
4. Mediation and possible agreement
The Family Advocate may help the parties find a workable resolution. If agreement is reached, the office may assist with a parenting plan or parental responsibilities and rights agreement. Depending on the document and circumstances, it may be registered or made an order of court. A useful plan needs practical detail, not only general promises. See what a parenting plan should cover.
5. Report and recommendation
If the parties cannot agree, the Family Advocate may prepare a report and recommendation for the court. The recommendation can be influential, but the court remains responsible for deciding the dispute. The recommendation is not independently enforceable unless its terms are incorporated into a court order.
What questions does the Family Advocate ask?
Questions vary according to the child, the dispute and the issues the court or parties have raised. There is no universal questionnaire to memorise. Expect questions directed at the child’s daily life and each proposal’s practical effect, such as:
- What is the child’s present living and contact arrangement?
- Who has historically handled school, healthcare, transport and daily care?
- What arrangement are you proposing, and how would it work in an ordinary week?
- How will holidays, handovers, communication and important decisions be managed?
- What are the child’s educational, medical, emotional, cultural or religious needs?
- How far apart do the parents live, and what travel or work constraints exist?
- How does each parent support the child’s relationship with the other parent?
- Have there been incidents of violence, abuse, substance misuse, neglect or serious instability?
- What has the child expressed, and how was that view obtained?
- Which issues are agreed, and which remain genuinely disputed?
The best preparation is honest, specific and child-focused. Do not coach a child, rehearse accusations or turn the enquiry into a character contest. Distinguish what you personally observed from what another person told you. If you make a serious allegation, be ready to identify dates, documents, witnesses or professional records that support it.
Documents to prepare
Ask the relevant office what it requires. A useful, orderly pack will often include:
- identity documents and the child’s birth certificate;
- the parties’ contact details and current addresses;
- any existing court orders, settlement agreements or registered parenting plans;
- relevant pleadings, notices or a court referral;
- a concise chronology of the present care and contact arrangements;
- a practical proposed schedule for ordinary weeks, holidays and handovers;
- relevant school, medical or therapeutic information;
- important communications directly connected to the disputed issues; and
- evidence supporting any safety or welfare concern.
A focused bundle is usually more useful than hundreds of unlabelled messages. Keep the child at the centre: explain the issue, the evidence, the proposed solution and why it is workable.
How to prepare without turning it into a contest
- Define the real dispute. Separate care, contact, guardianship, maintenance and safety issues instead of treating every disagreement as one conflict.
- Propose a workable arrangement. Include school times, transport, handovers, holidays, communication and decision-making.
- Use facts rather than labels. “The child missed school on these dates” is more useful than “the other parent is irresponsible”.
- Acknowledge what is working. A credible proposal should preserve safe, beneficial relationships and existing stability where possible.
- Prepare for difficult questions. Be ready to explain your own availability, conduct, compromises and plan for supporting the other parent’s relationship with the child.
- Do not involve the child in adult strategy. Avoid rehearsing answers, sharing litigation papers with the child or asking the child to carry messages.
Is the Family Advocate free?
Yes. The Department of Justice states that the services of the Family Advocate are provided to the public free of charge. However, parties may have to pay for additional expert reports, psychological assessments or other forensic tests if these are considered necessary. Private legal representation and private expert services are separate costs.
Do you need an attorney?
You do not need an attorney merely to approach the Family Advocate. The office provides neutral legal information and child-focused assistance; it does not advise or represent either parent.
Independent legal advice is particularly useful where court proceedings are underway, an existing order must be varied, allegations are serious, expert evidence is disputed, the matter is urgent, or the proposed parenting arrangement has long-term legal consequences. SD Law’s parenting-plan and parenting-coordination guide explains the private legal options where a matter needs formal drafting, negotiation or court relief.
How long does the process take?
There is no responsible universal estimate. Timing depends on the office’s workload, whether litigation is pending, the number and age of the children, the seriousness of the issues, the availability of the parties, and whether additional assessment is needed. Ask the allocated office what the next step is and keep proof of documents submitted. If delay creates a genuine risk to a child or makes existing arrangements unworkable, obtain advice on whether interim court relief is necessary.
Contacting the correct office
The Department of Justice maintains a national list of provincial and local offices. Use the current Office of the Family Advocate contact directory rather than relying on an old address or telephone number copied elsewhere. Confirm the office’s filing method, forms and required documents before attending.
Frequently asked questions
Yes. The Office of the Family Advocate provides its services free of charge. A party may still have to pay for a separately required expert assessment or forensic test, and private legal representation has its own cost.
No. The Family Advocate is neutral and does not represent either parent. The office focuses on the child’s best interests and may provide information, mediation and a recommendation to the court.
The child may be interviewed with the assistance of a Family Counsellor where appropriate. The process should consider the child’s age, maturity and stage of development and protect the child from being made to choose between parents.
No. The recommendation assists the court but is not itself an enforceable court order. The court decides what order should be made.
Yes. The office may assist with disputes about parental responsibilities and rights, including disputes involving an unmarried father, and may help with an appropriate agreement or parenting plan.
There is no fixed national timeframe. The duration depends on the dispute, the office’s workload, the parties’ availability and whether further assessment or court steps are required.
Official sources
- Department of Justice: Office of the Family Advocate
- Department of Justice: Who is the Family Advocate? (2024 pamphlet)
- Mediation in Certain Divorce Matters Act 24 of 1987
- Children’s Act 38 of 2005
Need advice before an enquiry or court process?
A careful early assessment can separate a problem that may be resolved through the Family Advocate from one that needs urgent protection, formal variation or litigation. For confidential advice about a disputed parenting arrangement, contact Simon Dippenaar & Associates.