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Guardianship, Contact, and Care Services

When it comes to the well-being of a child, the legal concepts of guardianship and Contact and Care are fundamental. These areas of family law help ensure that the child’s best interests are prioritised, whether through making key decisions on their behalf or maintaining meaningful relationships with both parents. At Benita Ardenbaum Attorneys, we specialise in helping families navigate these complex areas of child law with expertise, compassion, and a focus on child-centred outcomes. 

Guardianship 

Overview of Guardianship 

Guardianship refers to the legal responsibility of an individual to manage a child’s personal and property interests. A legal guardian is responsible for making critical decisions regarding the child’s welfare, including those related to education, healthcare, and general well-being. In South Africa, both parents typically share guardianship rights unless a court decides otherwise. 

Responsibilities of a Guardian 

The responsibilities of a guardian go beyond mere care; they include the duty to administer the child’s estate, provide consent for medical procedures, and make significant decisions on education and travel. Guardians must ensure that these decisions align with the child’s best interests and legal requirements. 

 

Care 

Definition of Care 

Care refers to the day-to-day responsibility of ensuring a child’s physical, emotional, and developmental needs are met. This includes providing a stable home environment, supporting the child’s education, and addressing any special needs the child may have. The legal requirements for care ensure that a child lives in a suitable environment conducive to their health and well-being. 

Responsibilities of a Caregiver 

A caregiver, whether a parent or a legal guardian, must safeguard the child’s well-being in all aspects. This involves not only physical care but also emotional and educational support. Caregivers must be attentive to the child’s evolving needs, especially as they grow and develop. 

 

Contact 

Definition of Contact 

Contact refers to the legal right to maintain communication and interaction with a child, especially when the child does not live with one of the parents or guardians. This may include regular visits, phone calls, or digital communication, depending on the arrangements made by the court or agreed upon by the parents. 

 

Contact Arrangements 

The arrangements for contact vary, particularly when the child resides with one parent or caregiver. In such cases, it’s important that the child maintains regular contact with the non-resident parent. Courts often make provisions for these arrangements to ensure the child benefits from a meaningful relationship with both parents. 

Primary Residence 

What is Primary Residence? 

The primary residence is where the child lives most of the time. It’s a significant factor in determining both care and contact arrangements. In cases of separation or divorce, the child’s primary residence is often with one parent, although shared residency may also be an option, depending on the child’s needs. 

 

Role of the Resident and Non-Resident Parent 

The resident parent typically assumes the day-to-day responsibility of caring for the child, while the non-resident parent maintains contact and may also share in decision-making regarding the child’s welfare. It’s essential that both parents remain involved in the child’s life, even if they do not share a primary residence. 

 

Rights to Care and Contact 

Determining Care and Contact 

Care and contact arrangements are determined by various factors, including the child’s age, emotional needs, and the parents’ living arrangements. Courts always prioritise the best interests of the child when making these decisions. 

 

Shared Residence 

In cases where shared residence is possible, both parents may take turns providing care, depending on factors such as proximity to schools, work, and the child’s ability to adapt to the arrangement. Shared residence often works well when both parents are committed to co-parenting effectively. 

How Benita Ardenbaum Attorneys Can Assist 

At Benita Ardenbaum Attorneys, we provide expert guidance and legal representation in matters related to guardianship and Contact and Care as per The South African Children’s Act 38 of 2005, specifically Sections 22 and 23. Whether you need help navigating mediation, resolving disputes, or representing your interests in court, our team of expert child custody lawyers are here to support you through every step of the process. 

 

For Guardians and Caregivers 

If you are a legal guardian or caregiver, our team can help you understand your legal obligations and ensure that you are fulfilling your role effectively. We provide comprehensive support, from legal advice to representing you in court if necessary. 

 

For Parents Seeking Contact 

Maintaining contact with your child can be challenging in certain custody situations, for example, fathers who are not married to the mother of their child. Our legal team assists parents in establishing or modifying contact arrangements, ensuring that both parents maintain a meaningful role in their child’s life. 

 

Why Choose Benita Ardenbaum Attorneys? 

With 30 years of experience in child family law, Benita Ardenbaum Attorneys has built a reputation for delivering successful outcomes in guardianship and Contact and Care cases. Our team of custody lawyers are dedicated to ensuring that your child’s best interests are at the heart of every decision. 

 

Experience and Expertise 

We have a proven track record in handling complex child care law cases, offering expert advice and representation to our clients. Our commitment to achieving the best possible outcomes for children is reflected in our long-standing success. 

 

Comprehensive Support 

From initial consultations to court representation, we provide a full range of services to meet your needs. Whether you’re dealing with disputes over legal guardianship in South Africa or Care and Contact, we are here to guide you through the process. 

 

Personalised Approach 

We understand that every family’s situation is unique. Our team works closely with you to provide tailored legal solutions that address your specific concerns and ensure the best possible outcome for your child. 

If you’re facing guardianship, or Contact and Care challenges, let Benita Ardenbaum Attorneys guide you through the complexities of child law. With 30 years of experience and a commitment to child-focused solutions, we provide expert legal support tailored to your unique situation. Contact us today for a consultation, and let us help you secure the best outcome for you and your child’s future.