Care and contact (often referred to as “child custody”) disputes are often the most difficult and emotionally charged aspects of separation or divorce. Questions about where a child should live, how parental contact should be exercised, and how decisions affecting a child should be made can place immense strain on families. These issues often arise as part of broader divorce or separation matters.

At Van Heerdens Attorneys Incorporated, we assist parents in Port Elizabeth in resolving disputes relating to care and contact and in the drafting, negotiation, and enforcement of parenting plans, always with the best interests of the child as the guiding principle.

Care and Contact Under South African Law

South African law no longer uses the term “custody”. Instead, the Children’s Act refers to care and contact.

• Care relates to the day-to-day upbringing of a child, including where the child lives and who is responsible for meeting the child’s daily needs.
• Contact refers to a parent’s right to maintain a personal relationship with the child, including spending time together and communicating regularly.

A child generally has the right to have contact with both parents, provided that such contact is in the child’s best interests.

The Best Interests of the Child

In all matters involving children, the best interests of the child are paramount. When determining appropriate care and contact arrangements, various factors are considered, including:

• The child’s age and stage of development
• The relationship between the child and each parent
• Each parent’s ability to meet the child’s needs
• The child’s emotional, educational, and physical well-being
• Where appropriate, the child’s views

Every family situation is unique, and care and contact arrangements must be tailored to the specific circumstances of the child.

Parenting Plans

A parenting plan is a written agreement between parents or co-holders of parental rights and responsibilities, setting out how decisions regarding a child will be made after separation or divorce.

Parenting plans typically address matters such as:

• Where the child will primarily reside
• Contact arrangements with the other parent
• Child maintenance responsibilities (link to Maintenance page)
• Schooling, medical care, and religious upbringing
• How future decisions affecting the child will be made

Once agreed upon, a parenting plan may be registered with the Family Advocate or made an order of court.

When Parenting Plans Are Required

In many matters involving care and contact disputes, parents are required to attempt mediation before approaching the court. Parenting plans are often encouraged as a means of resolving disputes amicably and reducing conflict between parents.

Where agreement cannot be reached, court intervention may be necessary to protect the child’s best interests.

Care and Contact Disputes

We represent parents in a wide range of care and contact matters, including:

• Disputes regarding primary or shared care
• Contact disputes and interference with contact
• Applications to vary or enforce care and contact orders
• Allegations of parental alienation
• Relocation disputes involving children

Where possible, we prioritise negotiation and mediation. Where this is not appropriate, we provide firm and effective representation in court proceedings.

Reviewing and Updating Parenting Plans

Children’s needs change over time, and parenting plans may require revision as circumstances evolve. Reviews may become necessary due to changes in schooling, relocation, work commitments, or the child’s developmental needs.

Parenting plans should remain flexible while continuing to serve the child’s best interests.

Why Legal Guidance Matters

Care and contact arrangements can have long-term consequences for children and parents alike. Poorly drafted parenting plans or unresolved disputes can lead to ongoing conflict and repeated court applications.

Proper legal guidance helps ensure that arrangements are clear, workable, enforceable, and aligned with the child’s best interests.