Our expert says:
Family law expert
With the promulgation of the Children’s Act 38 of 2005, our law recognises that children should be given an opportunity, if they are of an appropriate age, to voice their opinions with regard to such issues. The Act does not stipulate an appropriate age when children’s views should be taken into account, it does state that a child of adequate age, development, maturity and intellectual capabilities should have his or her views and wishes considered.
The best interests of the child are paramount, and this is the primary consideration in these kinds of matters. While the Act does not specifically mention the preference of a child, Section 10 of the Act does state that children have the right to participate in an appropriate way. Views expressed by these children must be given due consideration.
Family Law Attorney
Abrahams and Gross Inc.
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