Children’s Court

Section 23 of the Children’s Act 33 of 2005 enables any person having an interest in a child/ren to apply to the children’s court for an order for care or contact with the child/ren.

The court has the right to adjudicate most matters where minor children are involved, including applications for increased contact with a specific minor child, applications for protection and well-being of a minor child, adoption applications, and any other matter relating to the care, protection or well-being of a child provided for in the Children’s Act.

It’s important to note that while children’s courts are designed specifically for the public, they’re still regarded as a magistrate court and the necessary rules and regulations still apply. So, if you’re considering approaching the children’s court, it’s advisable to seek assistance from a professional familiar with this unique court.

The great thing about Children’s Courts is that they try to approach any situation in a non-confrontational manner first. They don’t immediately place the parents in a regular courtroom but instead try to accommodate the parties in chambers. This means that the parties will be given a chance to state their case (with or without an attorney) and the magistrate will first try to help them reach an amicable agreement.

Every Magistrate’s Court in South Africa is a Children’s Court. The Children’s Court also takes care of children who are in need of care and protection and makes decisions about children who are abandoned, neglected or abused. The rights, development, well-being, care and safety of South African children and youth is governed by the Constitution and various laws. Section 23 of the Children’s Act 33 of 2005 enables any person having an interest in a child/ren to apply to the Children’s Court for an order for care or contact with the child/ren.