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Family Law & Estates

Children's Court

The Children's Court deals with matters affecting a child's care, protection and wellbeing, guided always by the child's best interests.

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What the Children's Court deals with

The Children's Court, established under the Children's Act, hears matters relating to the care and protection of children, including cases where a child may be in need of care and protection, disputes over guardianship, and the placement of a child with a suitable caregiver, family member or in foster care.

The best interests standard

Every decision made in the Children's Court is guided by the best interests of the child, a standard applied to all matters affecting minors under South African law. This includes considering the child's physical, emotional and psychological needs, existing relationships, and, depending on age and maturity, the child's own views.

Common matters we assist with

  • Care and protection applications where a child's safety or wellbeing is a concern
  • Foster care placement and review proceedings
  • Guardianship applications and disputes
  • Representation of a parent, guardian or care-giver in Children's Court proceedings

Working with social workers and the family advocate

Children's Court matters typically involve a social worker's report and, in some cases, input from the Office of the Family Advocate. We help clients understand this process and ensure their position is properly and clearly presented.

01Mediation-First MindsetLitigation only where it's genuinely the right route
02Plain-Language AdviceLegal terms explained clearly so you can decide with confidence
03Full Estate SupportFrom drafting a will to administering an estate, one firm throughout
04Personal InvolvementThe principal attorney remains involved in every family matter

A parent, guardian, care-giver, social worker or other interested party may approach the Children's Court where a child's care or protection is in question.

It is not always compulsory, but legal representation helps ensure your position and the relevant facts are properly presented.

It is the guiding principle applied to every decision affecting a child under South African law, prioritising the child's wellbeing above all other considerations.

A legal classification under the Children's Act covering circumstances such as abuse, neglect or abandonment, triggering the court's protective powers.

Yes, family members including grandparents can apply to the Children's Court for a care order where appropriate.

Timelines vary considerably depending on whether a social worker's investigation and report are required, but matters can take several months.

Yes, decisions can generally be taken on appeal or review to a higher court in appropriate circumstances.

Social workers investigate the child's circumstances and provide a report and recommendation that the court considers alongside other evidence.

Yes, foster care placements are subject to periodic review by the Children's Court to confirm they remain in the child's best interests.

Adoption applications follow their own process, though related placement and protection matters may still involve the Children's Court.

Clear legal guidance starts with a conversation.

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