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Onah Attorneys Inc • Johannesburg
Child Custody Attorneys – Putting Your Children First
Nothing is more important than your relationship with your children. Our child custody attorneys represent parents, grandparents and guardians in care and contact disputes across Gauteng — from negotiating practical parenting plans to fighting urgent High Court applications where a child’s safety or stability is at risk. We combine firm litigation with a child-centred approach the courts respect.
Call 011 042 8039Free Case AssessmentWhen you need child custody attorneys
A parent denying you contact with your child
Negotiating or amending a parenting plan
Urgent applications where a child is at risk
Relocation disputes when one parent wants to move away or emigrate
Grandparents’ and step-parents’ rights to contact
Disputes over schooling, religion or medical decisions
Unmarried fathers asserting rights under Section 21 of the Children’s Act
Appointment of a legal guardian in a will
How we handle your matter
Assessment
We establish each party’s rights and responsibilities under the Children’s Act and gather the facts a court will weigh — caregiving history, stability, the child’s views.
Mediation first
The Children’s Act favours mediation. We represent you at the Office of the Family Advocate or private mediation to reach a parenting plan without trial.
Parenting plan drafting
We draft a registrable parenting plan covering residence, contact schedules, holidays, schooling, travel consent and dispute resolution.
Court application
Where agreement fails or a child is at risk, we bring the matter before the Children’s Court or High Court, including urgent interim relief.
Enforcement & variation
We enforce breached orders through contempt proceedings and vary orders when circumstances change.
Fees — transparent, agreed upfront
Mediation-track matters are significantly cheaper than litigation, and we always tell you which track fits your case. Urgent applications are quoted upfront with a clear breakdown of counsel and Family Advocate costs.
Key legislation:
- Children’s Act 38 of 2005
- Mediation in Certain Divorce Matters Act 24 of 1987
Frequently asked questions
What is the difference between custody and guardianship?
Since the Children’s Act, ‘custody’ is now ‘care’ and ‘access’ is ‘contact’. Guardianship is the separate right to make major decisions — consent to marriage, passports, property. A parent can have guardianship without primary care.
Do mothers automatically get custody in South Africa?
No. Courts apply the best-interests standard in Section 7 of the Children’s Act. Fathers who are actively involved caregivers regularly obtain primary residence or substantial shared care.
What rights does an unmarried father have?
An unmarried father acquires full parental rights if he was in a permanent life-partnership with the mother at birth, or consents to be identified, pays maintenance and contributes to upbringing (Section 21).
Can my ex relocate with my child without my consent?
Not if you hold guardianship. Removing a child from South Africa requires the consent of all guardians or a court order. Domestic relocation that guts your contact can also be interdicted.
At what age can a child choose which parent to live with?
There is no fixed age. Courts must give due weight to the child’s views according to age and maturity — a teenager’s preference carries real weight, a toddler’s does not.
How fast can I get an urgent custody order?
Where a child is in danger, the High Court can grant interim relief within days — sometimes within 24 hours. Keep evidence such as messages, photos and medical reports.
Speak to an Attorney Today
Get straight answers about child custody attorneys from a firm that fights to win. First consultation — no obligation, full confidentiality.
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