Top Children’s Act Law Firm
Expert legal support for child custody, maintenance, guardianship, and parental rights disputes in South African Law.
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Otrebski CHILD Attorneys
What is the Children’s Act in South Africa?
The Children’s Act 38 of 2005 is South Africa’s leading piece of legislation protecting children. It gives effect to Section 28 of the Constitution, which states that every child has the right to care, shelter, protection from neglect or abuse,
and that their best interests are paramount in every matter affecting them.
and that their best interests are paramount in every matter affecting them.
The Act regulates issues such as custody (care and contact), guardianship, child maintenance, adoption, child protection measures, and the legal responsibilities of parents. It ensures children are not only protected but are also given a voice in legal proceedings that impact their lives.
The Children’s Act works in harmony with other legislation, including the:
For financial support obligations.
Protecting children from abusive home environments.
Creating a child-centred justice system for minors in conflict with the law.
Protecting children from exploitation and trafficking.
At Otrebski Attorneys, we recognise that the Children’s Act is more than just legislation - it is a safeguard for the rights and futures
of South Africa’s children. Our dedicated family attorneys combine deep knowledge of the Act and related laws with compassion and professionalism, ensuring that every case we handle places the child’s best interests at the forefront.
Whether you are facing custody disputes, maintenance challenges, or complex guardianship matters, we provide clear guidance, strong representation, and unwavering support to protect what matters most - your child’s well-being.
of South Africa’s children. Our dedicated family attorneys combine deep knowledge of the Act and related laws with compassion and professionalism, ensuring that every case we handle places the child’s best interests at the forefront.
Whether you are facing custody disputes, maintenance challenges, or complex guardianship matters, we provide clear guidance, strong representation, and unwavering support to protect what matters most - your child’s well-being.
Our Children's Act Attorneys
What Does a Children's Attorney Do?
A children’s attorney (or family lawyer specialising in children’s matters) plays a vital role in ensuring children’s voices
are heard and their rights are protected within the legal system. Our team guides parents, guardians, and children through highly sensitive matters with compassion and precision.
are heard and their rights are protected within the legal system. Our team guides parents, guardians, and children through highly sensitive matters with compassion and precision.
Key Roles of a Family Attorney Specialsing in Children’s Matters:
- Representation – Acting for children in court, ensuring their best interests are prioritised in disputes involving parents or guardians.
- Custody & Access – Helping parents establish or modify care and contact arrangements so children maintain meaningful relationships with both parents.
- Child Protection – Advocating for children in cases of neglect, abuse, or abandonment, ensuring urgent protection orders where necessary.
- Navigating the System – Explaining legal processes in plain language and guiding families through complex court procedures.
- Working with the Family Advocate – Collaborating with the Family Advocate to resolve disputes and make recommendations to the court.
- Application of the Children’s Act – Ensuring that every case complies with the protections and responsibilities outlined in the Children’s Act.
- Legal Aid Guidance – Helping qualifying families access Legal Aid South Africa for financial assistance in children’s matters.
Our Child Law Services
Otrebski Attorneys’ Children's Act Law Firm In Johannesburg
Defending your child’s rights with strategic expertise and compassionate advocacy.
Our Children’s Act Department specialises in sensitive, high-profile, and complex matters involving children.
Our Children’s Act Department specialises in sensitive, high-profile, and complex matters involving children.
Child’s Best Interests
The guiding principle of the Children’s Act 38 of 2005 is that all decisions must prioritise the child’s best interests. We ensure every parenting plan, custody order, and guardianship application reflects this, safeguarding a child’s safety, education, and emotional well-being.
Guardanship
Guardianship grants the legal authority to make important decisions about a child’s life, including healthcare, schooling, and financial matters. Our specialists represent clients in guardianship applications and disputes to protect children’s welfare and interests.
Child Maintenance
Children have the right to financial support. We assist with maintenance applications, enforcement, and defence of claims under the Maintenance Act 99 of 1998, ensuring contributions are fair and sustainable while meeting the child’s needs.
Child Custody (Care & Contact)
Child custody disputes can be emotionally charged and complex. We represent parents in applications for primary care, shared custody, and visitation rights, always working to secure stable and fair arrangements that allow children to thrive.
Parental Rights & Responsibilities
Parents have both rights and legal duties under the Children’s Act. Our experienced attorneys provide advice, mediation, and legal representation in enforcing parental responsibilities relating to care, contact, maintenance, and guardianship of children.
Termination of Parental Rights
Where a parent is unfit, abusive, or unable to provide care, it may be necessary to limit or terminate parental rights. We approach these cases with sensitivity and determination, ensuring the child’s safety and best interests remain the top priority.
Our Client Process
Starting Your Legal Journey With Otrebski Child & Family Attorneys
We understand that matters involving children are deeply personal, emotional, and often urgent. We follow a clear, compassionate process designed to protect your child’s best interests while giving you the legal support you need.
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to your family and child matters.
Consult With A Top Children's Act Law Firm In Johannesburg
Our step-by-step approach ensures that you feel supported from your first consultation to the final resolution.
- Consultation
- Assessment
- Strategy
- Action
- Resolution
Otrebski Attorneys combines extensive experience, in-depth legal knowledge, and years of proven practice.
