Removing A Child In An Emergency

It is an extremely sad, yet real scenario that we frequently experience as onlookers to poor child care or abuse on the part of parents or guardians of children and we do not always know what we can do to protect these children or at the very least, where to start legally.


Below is a brief explanation of what an interested party can do to protect such a child.


Where to Start


Consider the scenario in which a parent of a minor is known to be abusing drugs or alcohol and the child’s best interests cannot be seen to by such a parent; in such a situation, a grandparent or other interested party may approach a court to intervene in this situation to have the child removed from this volatile set of circumstances. For help on this, a family law attorney should be consulted urgently.

What is the Process?


Your attorney will draft an urgent application to the High Court in which they will set out the facts of the case and the reasons why the minor should be removed from their parents’ care.

In this application, an affidavit or affidavits will be drafted in support thereof by those who may have supporting evidence for the application.

The application will then have to be issued as an urgent application and a date obtained at the High Court. A copy thereof should then be served on the parent(s) of the minor child.

The application will then be heard as a matter of urgency in the High Court on the day obtained from court.


Rights of the Parents?


The rights of the parents will be taken into consideration by the court and the parents will also have the opportunity to oppose the urgent application should they wish to do so.

The parents will always be able to approach the court at a later stage to submit evidence in support of getting the minor child back to them.

In both of these cases, it is recommended that the parents seek the assistance of a family law attorney.



Should you find yourself in this situation as either parent of concerned party, feel free to give us a call and arrange a consultation for us to assess the facts of your matter and assist you with it. We endeavour to treat your matter with respect and confidentiality and understand the complexity and sensitivity thereof in all aspects in which we will deal with it.