Minor Children During a Divorce

Wanting a Divorce


Before getting a divorce, the children, especially minors are usually the first concern of the parent wanting a divorce. The wellbeing and future arrangements regarding these minors is what will be discussed in this article, in law we call it the “best interests of the minor children.”


The Legal Stuff

The High Court is the upper guardian of all minor children in the Republic and as a result when parties want a divorce, whether this happens in the High Court or Regional Court, the parties will have to approach the Family Advocate of the High Court to endorse, investigate or report on the proposed future situation involving the minor child.


The Family Advocate

As already mentioned the office of the Family Advocate is tasked with investigating the best interests of the minor child or children during a divorce. Whether the parties are going through an unopposed or settled divorce; or an opposed divorce, the Family Advocate will need to be approached by the parties or their legal representatives to endorse either the settlement agreement of the parties or to investigate and report on what the proposed best interests of the minor chid may be regarding visitation, guardianship, care and parental rights and responsibilities of the parents.

The Family advocate will propose recommendations which the High Court will then consider before handing down judgement in any divorce matter.

The High Court may in fact order that any matter involving minor children, and it usually does, be investigated by the office of The Family Advocate and to report back on what the best interests of said minors may be.



It is fortunate that the Court is looking out for the minor children as frequently parties getting divorced do not think about what should happen to the minors even though this should be a priority. Should you be thinking about a divorce with minor children, contact us to get the assistance required to ensure the best interests of your minor children are taken into account during the divorce process.