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Matthew 18:6. "But whosoever shall offend one of these little ones which believe in me, it would be better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea."


I have the right to a loving and caring family, a proper safe and comfortable home, clothing and healthy food.

I have the right to be told the house rules of where I live.

As a child, I should not be forced to work.

I have the right to an education suitable to my aptitudes and abilities.

I have the right to a say in my care, and any changes to how I am cared for, according to my age & maturity.

I have the right to get special care for special needs.

I have the right to be protected from hurt.

I have the right to good health care if I am sick and to be kept away from cigarettes, alcohol & drugs.

I am a real person and have a right to be treated properly.

I have the right to be taken seriously and to make mistakes.

I have the right to my own religion and culture.

I have a right to my name and my nationality.

I have the right to be treated the same, no matter what my colour, race, gender, language or religion.

I have the right to be proud of my heritage and beliefs.

I have the right to speak and be heard.

I have the right to send and receive private mail that is not read or opened by others.

I have the right to privacy.

I have the right to own my own things.

I have the right to speak and visit in private with my family or any other person like my big friend, a person representing me like my social worker or my lawyer.

I have a right to a lawyer in courtrooms and hearings affecting my future.

I have a right to live in a nice place and not be put in prison or in a police cell.

I have the right to know what my rights are.



amily law clinics   Assisting families with affordable advice in all matters regarding legal issues. Law with a cause




children shouldnot be hurt

"Children should be seen and not hurt!"

At long last the Children'sAct comes to fruition - so now we have to educate ourselves to use this long-awaited lifesaver!

"Children should be seen and not heard" – that is the way things used to be, but times have changed drastically, and so have the rights of both women and children.

When South Africa became a true democracy in 1994, the stifling Apartheid Regime changed overnight, changing the face of South Africa for once and for all time. We have become the Rainbow Nation in every sense of the word, enforcing the rights of all people, especially those of our young ones.

Children have become pawns and barter fodder in so many divorced and single parent households by muffling and silencing the pleas and voices of children through threats and bribery. With so many youngsters being placed in unfair and unhappy situations and, more often than not, being placed in the care of the person who is not always the responsible parent in the relationship and who is often the least equipped to take good care of the child.

In most cases the grandparents are good options, and so often children are denied having interaction with grandparents when parents get divorced, which is really quite sad.

Non- custodial parents often found fighting for visitation and custody too costly at high court level. But this has now changed. In the past, parents had to approach the High Court on all matters pertaining to access and custody to their children, which was mostly too costly to pursue, making the non-custodial parent, embittered and giving up the battle to see his or her children. All this has now changed. With the Children’s Act in place a butterfly has emerged from a chrysalis.

The matter can be taken to the Children’s Court at the local magistrate’s court, should the parent choose not to use the services of a lawyer. The cost? This is a free service available to all – regardless of colour or creed, age or sex.

After 13 years of fighting to get this act passed, the new Children’s Act is fully enforceable, giving single parents, mothers and fathers, step parents, grandmothers and grandfathers rights and reasonable contact to the child or children (the new term being access) – but best of all – the silenced voices of little children are no longer muffled but heard loud and clear.

children of Africa


It often happens in cases where the two parents are so actively enmeshed in a war over the children that they do not hear the cry of the children and it is the nature of this high conflict litigation between parents that there is a difference of opinion on what is in the best interest of the child.

The child’s opinion will invariably incur the disapproval of one of the parents and it is precisely for this reason that a child should have separate legal representation, independent from either parent. It is essential to ensure that the child’s views are respected as being their own and not influenced by either parent.

The fact that one parent disagrees with that of the child does not necessarily mean that the decision is wrong. The actions of the child’s legal representative will be based on the instructions and views of the child as client and will invariably meet with disapproval from one or both of the parents.

Whether Parent’s agree or not this is the law as expounded and developed by our courts through the decisions of Soller v G where a separate legal representative was appointed by the court and the court distinguished between the role of the Family Advocate and a separate legal representative for a child. The Family Advocate had, prior to this case, been seen to be, as the independent role-player, the voice of the child.

This was followed by the case of Legal Aid Board v R in 2009 where for the first time the court ruled that in giving effect to section 28(1) (h) of the Constitution the Legal Aid Board is not constrained to obtain permission from a parent or guardian when making such appointments.

The net effect is that the child, without the parent’s assistance and usually because of the parent’s actions can approach a legal practitioner, usually via the LAB to represent him or her in court and make their voice heard.


Family Violence
Child Abuse
Sexual Offence
012 393 2363

0860 010 111

Women Abuse
0800 150 150

0800 055 555

AIDS Helpline
0800 012 322
011 725 6710



If children are hurt by parents or any adult family member it is NEVER the fault of the child.

Children are NOT pawns in the divorce process any longer!

Children's Court is a free service to all.


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