The Failure of the South African Family Law System in Custody Battles: A Father's Perspective

Abstract

ABSTRACT This article examines the experiences of four non-resident fathers in child custody battles in South Africa. These fathers have been in constant legal battles and have concluded that the South African family law system has failed them. The system, according to these fathers, refers to the various laws related to the maintenance court system and the children’s court, as well as the people who implement them, including social workers from the Department of Social Development, court-appointed psychologists, and family lawyers, and all the other organisations tasked with ensuring that the best interests of a child in custody cases are upheld. The interviewed participants maintained this view based on what they perceived as the barriers that the system places before fathers. Participants in this study also believed that in child custody cases, the courts tend to be biased against men, and they lament the slow manner in which the children’s court handles and resolves child custody cases. The narratives of the four participants presented in this article shed light on an important aspect of parental relations in South Africa. The study recommends a coordinated effort by the government, the South African court system and organisations advocating for fathers’ rights to encourage the involvement of non-resident fathers, and commends the recent court judgements in favour of fathers in parental alienation cases. The article emphasises that the systems should promote positive and active father involvement with their children with the same vehemence as financial provision by fathers for mothers and their children.