Children and Divorce



















The Best Interest Of The Child

As a parent, you always want what’s best for your child, going the extra mile to ensure that your child has a happy heart. But who/ what will protect your child when you are not around or when you and your spouse are going through a divorce?


It’s simple…. The Constitution is the highest law of the land and the best interest of the child is entrenched in Section 28 as well as the Children’s Act.

At Chiba Attorneys we are armed with the necessary experience and skills to mediate conflict by understanding and implementing the ever-changing law.


The factors that we consider when determining the best interest of the child are

Parental Rights and Responsibilities

Let’s explore further……


In terms of the Children’s Act the word “custody” has been replaced with the word care.

Care includes:

Safe and comfortable home
Financial support
Providing the child with education
Accommodating any special needs that the child may have


Contact depends on each situation. The different types of contact are as follows:

Reasonable contact- which takes into account the wishes of the child

Defined contact -specific directions as to when, where and how a parent may exercise contact with the child

Supervised contact- contact with the child in the presence of either the other parent

Shared contact-both parents have the right and the responsibility-


Guardian is a person who safe guards the child’s property and best interest until the child obtains a legal


child is entitled to reasonable maintenance to provide for clothing, housing, dental and medical care, education and training, and, where applicable, recreation. A cash portion is usually paid to the parent who has primary care of the child.