In South Africa, the legal principle is simple: the best interests of the child are paramount in every matter concerning the child.
NOT all marriages or relationships are meant to have fairytale endings. Couples grow in different directions, parties fall out of love or they simply grow apart. Often, the decision to divorce is taken after years of trying to make a marriage work. It is one of the most emotional experiences a family will face. Feelings of grief, hurt, anger, disappointment, and uncertainty can influence decisions that affect not only the spouses but also their children.
The decision to divorce or end a relationship is further complicated if there are minor children born of the marriage.
In South Africa, the legal principle is simple: the best interests of the child are paramount in every matter concerning the child. This principle is enshrined in section 28 of the Constitution and reinforced by the Children's Act and takes a child-centric approach, putting the children’s well-being above the personal disputes of the parents.
Unfortunately, most parents either intentionally or unintentionally make decisions during the divorce process that have lasting consequences for their children.
