Trusted Criminal Attorneys | Cape Town

Child Custody Attorneys in Cape Town

Protecting Your Child's Best Interests

Family Law

Slabber Levendal & Associates

Few things matter more than your child’s well-being. When relationships break down, questions about custody and contact can become the most emotional and contested part of the process. At Slabber Levendal & Associates (SLA Inc.), our child custody attorneys in Cape Town help parents reach fair, child-focused arrangements that provide stability and security for the whole family.

We serve clients across the Western Cape from our offices in Wynberg, providing clear, practical advice rooted in the Children’s Act 38 of 2005. Whether you’re seeking primary care, negotiating a parenting plan, or dealing with a relocation dispute, we’re here to help.

Areas of Expertise

Our Child Custody and Contact Services

We assist with all aspects of parental rights and responsibilities under South African law, including:

Parental Responsibilities & Rights

Determining care, contact, and guardianship arrangements that serve the child's best interests.

Parenting Plans

Drafting detailed, workable parenting plans that cover living arrangements, schooling, holidays, and medical decisions.

Primary Care Applications

Applying for primary residence of your child where it serves their best interests.

Contact and Access Orders

Ensuring meaningful contact between children and both parents, including supervised contact where needed.

Relocation Disputes

Applying for or opposing permission to relocate with a child, whether within South Africa or abroad.

Enforcement and Variation

Enforcing existing orders or varying them when circumstances change.

Guardianship

Applications for guardianship by grandparents, step-parents, or other family members.

Genuine Compassion

What Does "Best Interests of the Child" Mean?

Under South African law (Section 7 of the Children’s Act), the court considers multiple factors when determining what arrangement best serves a child:

The child's age, maturity, and wishes (if they can express them)
The relationship between the child and each parent
The ability of each parent to provide for the child's physical and emotional needs
The stability of each proposed living environment
The need for the child to maintain connections with siblings, extended family, and their community
Any history of domestic violence or abuse

Our attorneys help you present a compelling case that genuinely serves your child’s well-being — not just your own position.

types of custody

Sole vs Shared Custody in South Africa

South African law does not use the term custody the way it was historically used. The Children’s Act focuses on parental responsibilities and rights, which can be held jointly or individually:

We help clients understand what arrangement is realistic and workable for their specific family situation.

the process

The Custody Process

What to Expect

Consultation — We listen to your situation and explain your legal options under the Children's Act.
Mediation (where possible) — We encourage parents to reach agreement through mediation before approaching the court.
Parenting plan — If agreement is reached, we draft a formal parenting plan for both parties to sign.
Court application (if needed) — If mediation fails, we prepare and file an application with the Family Court or High Court.
Court order — The court makes a determination based on the child's best interests.

why us

Why Choose SLA Inc. for Child Custody Matters?

In-depth knowledge of the Children's Act and Cape Town family court procedures
Mediation-focused approach to reduce conflict and protect children from prolonged disputes
Experienced in complex cases, including relocation, domestic violence involvement, and international custody issues
Compassionate, practical advice — we're parents too, we understand the stakes
Coordinated support with our divorce and maintenance attorneys for a unified approach

FAQ

Frequently Asked Questions About Child Custody in Cape Town

Do mothers automatically get custody in South Africa?

No. South African law does not favour mothers over fathers. The court’s only concern is the best interests of the child. Either parent can be granted primary care.

Can a father get custody?

Yes. Fathers have equal parental rights and responsibilities under the Children’s Act. Many of our clients are fathers who have successfully obtained primary care or shared custody.

What if one parent wants to relocate with the child?

Relocation requires either agreement from both parents or a court order. The court will assess whether the move serves the child’s best interests, considering the impact on their relationship with the other parent.

Can grandparents apply for custody?

Yes. Grandparents and other interested parties can apply for contact, care, or guardianship under the Children’s Act, particularly where parents are unable or unwilling to fulfil their responsibilities.

Can custody orders be changed?

Yes. If circumstances change significantly — a parent’s financial situation, living conditions, or the child’s needs — either party can apply to vary the existing order.

related services

Related Family Law Services

Custody and contact issues often overlap with child maintenance and divorce matters. We handle all of these together, ensuring a consistent and coordinated approach to your family’s legal needs.

For a detailed overview of the legal framework, read our blog post: Child Custody Laws in South Africa — A Complete Guide.

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