Legal Articles and Guides

Lawyers in the case of a Durban attorney accused of behaving ‘maliciously’ in a matter involving access to a child clashed this week, according to a report in The Mercury. Estelle de Wet, who specialises in family law, has come under fire from the office of the Chief Family Advocate for allegedly stoking already acrimonious fires between her client, the mother of the child, and the father of the two-year boy. The matter is before court in an application by the father for an order excluding De Wet from sitting in, as an observer, during his interview with a family advocate in his attempt to get more time with his son. He has alleged that De Wet smirks at him and makes him feel uncomfortable. De Wet has denied this, saying she neither likes nor dislikes him and is just doing her job.

The Children's Act 38 of 2005 has influenced not only the rights of children and parents, but also the way in which any disputes in this area are dealt with in practice. Our courts have also had to move away from certain traditional prejudices, and embrace the new approach to these legal proceedings set out by the Act.