Our expert says:
Family law expert
The guiding principle in matters involving children is that the interests of the children are paramount. This is entrenched in the Constitution, section 28 of which provides that “a child’s best interests are of paramount importance in every matter concerning a child”. The Children’s Act (the Act) was promulgated to give effect to this constitutional imperative, section 9 of which echoes the constitutional injunction. Section 6 of the Act under the rubric, General principles, contains various guidelines and inter alia provides that –
“(2) All proceedings, actions or decisions in a matter concerning a child must—
(a) respect, protect, promote and fulfil the child’s rights set out in the Bill of Rights, the best interests of the child standard set out in section 7 and the rights and principles set out in this Act, subject to any lawful limitation;”
You will need to approach the High Court on application to vary the terms of the current order of court and I suggest that you consult an attorney in this regard.
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