W.L v S.H and Another (2205/2016)
W.L v S.H and Another (2205/2016) [2016] ZAKZDHC 52; [2017] 1 All SA 652 (KZD) (3 November 2016)
The Court found that the procedures for Family Advocate enquiries are not prescribed by statute or regulation, and no binding policy exists regarding attorney attendance. The High Court, in the interests of justice and the best interests of the child, has the power to regulate such procedures. The presence of attorneys during Family Advocate interviews is not a constitutional right, as these enquiries are not judicial proceedings. Allowing legal representatives to attend would undermine the conciliatory and problem-solving approach mandated by the Children's Act and could adversely affect the…
Source excerpt
- Family Advocate Enquiry
- Legal Representation In Child Matters
- Best Interests Of Child
- Mediation In Divorce
- Court Regulation Of Procedure