Maintenance, Care and Contact for Children

The child's best interests come first

The Children's Act 38 of 2005 makes the best interests of the child the most important factor in every decision affecting them. The old words custody and access have been replaced with care and contact.

Both parents usually hold parental responsibilities and rights, and the law encourages arrangements that keep both parents meaningfully involved where that is safe and in the child's interests.

Care and contact explained

Care covers where the child lives and the day-to-day decisions about their upbringing. Contact covers the time the child spends with the parent they do not primarily live with, including visits and communication.

Parents are encouraged to agree on these arrangements, often in a written parenting plan, rather than leaving the decision to a court.

Maintenance for children

Both parents have a legal duty to support their children according to their means. Child maintenance is meant to cover the child's reasonable needs, such as food, clothing, housing, schooling and medical care.

If parents cannot agree, either parent can approach the Maintenance Court under the Maintenance Act 99 of 1998, which can investigate and make a maintenance order.

Parenting plans

• A parenting plan records how parents will share care, contact and decision-making.
• It can cover living arrangements, holidays, schooling, health care and how disputes are handled.
• It can be registered with the family advocate or made an order of court for added certainty.

Changing or enforcing an order

Circumstances change, and maintenance or contact arrangements can be varied through the appropriate court when there is good reason.

If a maintenance order is not being paid, the Maintenance Act 99 of 1998 provides ways to enforce it, including attaching wages in certain cases.