Benefits of Consulting with the Family Advocate

The Family Advocate protects the best interest of children

You may consult the What is the Family Advocate when: You are in a dispute regarding contact or care Family Advocate? of a child. You want to draft and/or register a parental The Family Advocate is an unbiased rights and responsibilities agreement. This family law specialist who assists parents is a legal agreement made by both parents/parties in dispute (for example, those going regarding the care of their child which can be through a divorce) to reach an agreement registered with the Family Advocate. regarding the care and contact of You want to amend or terminate a parental their children. rights and responsibility agreement registered with the Family Advocate.

There is a dispute on whether a father of a child born out of wedlock satisfies the requirements to acquire full parental rights and responsibilities in terms of the law.

A court has made an order that the Family Advocate has to conduct an inquiry on the best interests of the child.

If the parents/parties reach agreement on the care and contact Benefits of of their children, the matter does not proceed to court, thereby saving legal costs and time. consulting Courts will not readily issue a decree of divorce where there is a dispute regarding minor children without the report with the or recommendations of the Family Advocate. The Family Advocate can amend or terminate parental rights and responsibilities agreements registered by the Family Family Advocate’s office. This means that the parents/parties do not have to go to court if they want to amend the Advocate: agreement when the need arises. Parental rights and responsibilities agreements or parenting plans registered with the Family Advocate have the same legal effect as a court order. Courts or Judicial officers are required by law to consider the report and/or recommendations of the Family Advocate when making a decision in the best interests of a minor child.

www.justice.gov.za @dojcd_ZA at Doj&Cd) at DOJCD The Family Advocate protects the best interest of children

The rights of parents Parents are expected to:

Take care of their child/children.

Maintain contact with their child/ children.

Act as a guardian to their child/ Step-by-step guide children. Provide financial support to their on solving a dispute child/children.

Provide for the needs of 1 Upon application by either of the parties or their child/children. by direction of the court, the Family Advocate will interview the parties in the presence of each other or separately where necessary, to ascertain their personal circumstances and background details in the matter.

2 The Office of the Family Advocate also The Family Advocate cannot become interviews the child with the assistance of the involved in any matter that has already been Family Counsellor in order to obtain and finalised by the court. convey the child’s views on the matter to The Family Advocate cannot be subpoenaed court. The aim is to protect the child from to court as a witness to give evidence on behalf of any party, even if his/her testifying in a potentially harsh court recommendation is in favour of that party. environment. A recommendation of the Family Advocate is intended to assist the Court in adjudicating a 3 The Family Advocate helps the parties reach matter. an agreeable or viable solution through A recommendation itself is not enforceable mediation by applying their legal expertise unless incorporated in a court order. and dispute resolution skills in the matter. The Family Advocate is a neutral institution and cannot act as a legal representative. 4 If the parties reach an agreement the Family Advocate will then help them draft a parenting plan or responsibilities and rights agreement which can be registered with the Office of the Family Advocate or made an order of court.

5 If the parties cannot reach an agreement, the Family Advocate will then compile a report for court and make a recommendation based on the enquiry that was conducted.

www.justice.gov.za @dojcd_ZA at Doj&Cd) at DOJCD Where do I find the offices of the Family Advocate?

There are 26 established offices of the Family Advocate in all 9 provinces in the country.

Office of the Chief Family Advocate: Pietermaritzburg - KZN Physical Address: 5th Floor, New Public Building Tel: 012-357 8022, Fax:012-357 8043 Tel: 033-342 0616, Fax:033-342 0587 (Magistrate Court), c/o Knight & Stead Street, E-mail: NationalOffice-FA@justice.gov.za E-mail: [email protected] Kimberley, 8301 Postal Address: Private Bag X81 PRETORIA 0001 Postal Address: Private Bag X 9134, Physical Address: 329 Pretoruis Street, Momentum Pietermaritzburg, 3200 Upington - NC Building, West Tower, Pretoria Physical Address: 239 Church Street , Tel: 054 337 5390, Fax:n/a Pietermaritzburg, 3200 E-mail: [email protected] Bloemfontein - FS Postal Address: Private Bag X3111, Tel: 051-447 1115, Fax:051-430 5052 East London (Buffalo City) - EC Worcester, 6849 E-mail: [email protected] Tel: 043- 722 8866/7, Fax:043- 722 8868 Physical Address: 1 Weideman Str, Postal Address: P. O. Box 12457, Brandhof, 9324 E-mail: [email protected] Upington, 8801 Physical Address: 163 A Nelson Mandela Drive, Postal Address: Private Bag X0003, 2nd Floor Sanlam Building, Bloemfontein Southernwood, East London, 5213 Mafikeng (Mmabatho) - NW Physical Address: 29 St Peters Road , Tel: 018- 388 9500, Fax:018- 394 0915 Welkom - FS Southernwood, East London, 5200 E-mail: [email protected] Tel: 057 353 1368/1375, Fax:n/a Postal Address: Private Bag x2232 E-mail: [email protected] Mthatha - EC Mafikeng South 2791 Postal Address: Private Bag X5, Welkom, 9460 Tel: 047 532 3998, Fax:047 532 5337 Physical Address: 461/805 Steve Biko Drive, Unit 2, Physical Address: Magistrate Court, c/o Heerden & E-mail: [email protected] Mmabatho, 2745 (Black and White building not far Buiten Str, Welkom, 9460 Postal Address: Private Bag X5255 from Department of Social Development) Mthatha, 5099 Cape Town - WC Physical Address: 6th Floor, Manpower Building, Rustenburg- NW Tel: 021-426 1216, Fax:021-424 6108 Corner of Elliot and Madeira Street, Mthatha, 5100 Tel: 014 592 0999/8 , Fax:014 592 1039 E-mail: [email protected] E-mail: [email protected] Postal Address: Private Bag X 9003 , Port Elizabeth - EC Postal Address: N/A Cape Town , 8000 Tel: 041 585 5718, Fax:041 585 4459 Physical Address: C/o Nelson Mandela Drive & Physical Address: 55 Union Castle Building, 10th E-mail: [email protected] Klopper Str, Old SARS Bld, Rustenburg, 0300 Floor, c/o House Street & St George’s Mall, Cape Postal Address: Private Bag X 6080 , Town Port Elizabeth, 6000 Klerksdorp - NW Physical Address: No. 1 Bird Street, Tel: 018 464 8917, Fax:n/a Worcester - WC Central, Port Elizabeth, 3200 E-mail: [email protected] Tel: 023 347 1238, Fax:023 347 1524 Postal Address: N/A E-mail: [email protected] Graaff Reinet - EC Physical Address: PC Pelser Building, Postal Address: Private Bag X3111, Tel: 049 891 1207, Fax:049 891 1209 Cnr Anderson & Voortrekker, Klerksdorp Worcester, 6849 E-mail: [email protected] Physical Address: 67 High Street, Postal Address: 20 Somerset Str, Nelspruit - MP Worcester, 6850 Graaff-Reinet, 6280 Tel: 013 - 752 2755/ 2762/ 2920, Physical Address: 20 Somerset Str, Fax: 013 - 752 3657 / 4896 or 086 754 2479 Mitchells Plain - WC Graaff-Reinet, 6280 E-mail: [email protected] Tel: 021 370 4200, Fax:021 391 3063 Postal Address: Private Bag X 11217, E-mail: [email protected] Johannesburg - GP Nelspruit, 1200 Postal Address: n/a Tel: 011-333 3724, Fax:011-337 8189 Physical Address: No 3 Marloth Street, Physical Address: 1st Avenue, East Ridge, Mitchells E-mail: [email protected] Nelspruit, 1200 Plein Postal Address: Private Bag X 14, Johannesburg, 2000 Witbank (Vosman) - MP George - WC Physical Address: 94 Pritchard Street, 13th Floor, Tel: 013 - 752 2755, Tel: 044-802 4200, Fax:044-802 4202 Schreiner Chambers, Johannesburg, 2000 Fax: 013 752 3657 or 086 754 2479 E-mail: [email protected] E-mail: [email protected] Postal Address: Private Bag X6586, Pretoria - GP Postal Address: Private Bag X 11217, George, 6530 Tel: 012 323 0760, Fax:012 323 9566 Nelspruit, 1200 Physical Address: Cnr Cathedral & Cradock Street, E-mail: [email protected] Physical Address: Mathew Phosa Drive, Batleur Park Building, George, 6530 Postal Address: Private Bag X 8, Pretoria, 0001 Vosman (opposite new mall) Physical Address: 4th Floor, Die Meent Building, c/o Durban – KZN Thabo Sehume* & Pretorius Streets Tel: 031-310 6500, Fax:031-305 4130 *Andries Street was renamed Thabo Sehume Street Polokwane - LP E-mail: [email protected] by Tshwane Council in March 2012. Tel: 015 291 1730 / 015 817 1200, Postal Address: Private Bag x 54353, Fax:015 291 1599/2762 Durban, 4000 Palm Ridge - GP E-mail: [email protected] Physical Address: 143 Grove Street, 15th Floor Tel: 010 232 2097, Fax: Postal Address: Private Bag X 9320, Polokwane, 0700 Maritime House, Durban, 4001 E-mail: [email protected] Physical Address: Wyndom Park Building, Postal Address: Private Bag X5, Welkom, 9460 23 Rabie Street, Polokwane, 0700 Newcastle - KZN Physical Address: Magistrate Court, c/o Heerden & Tel: 034-326 4932, Fax:034-326 4923 Buiten Str, Welkom, 9460 Sibasa - LP E-mail: [email protected] Tel: 015 960 1410, Fax: N/A Postal Address: Private Bag X 6610, Kimberley -NC E-mail: [email protected] Newcastle, 2940 Tel: 053-833 1019/63, Fax: 053-833 1062/69 Postal Address: N/A Physical Address: 43 Harding Street , E-mail: [email protected] Physical Address: Thohoyandou Magistrate Court Newcastle, 2940 Postal Address: Private Bag X 6071, Kimberley, 8300