Balancing Constitutional Protections and Parental Rights: Safeguarding Children's Best Interests in Custody Disputes
Year: 2025
Type: article
Abstract: The purpose of this study was to critically examine the legal and practical frameworks governing child custody and abuse cases in South Africa. It aimed to assess how constitutional protections, the roles of Family Advocates, social workers, law enforcement, and international norms intersect in custody disputes, particularly where abuse allegations arise. The study sought to identify gaps and challenges in the current system and to provide insights for strengthening legal processes so that children’s rights are consistently safeguarded, while parents are supported to fulfil their responsibilities effectively and responsibly. Through a qualitative approach with an emphasis on desktop research, the study explored how South Africa’s laws and support systems can better protect children in custody disputes while helping parents meet their responsibilities effectively. The findings reveal that, although South African law firmly protects children’s rights in custody disputes, in practice these protections are often weakened by challenges such as false allegations, parental alienation, limited support for Family Advocates, and delays in the justice system, making it difficult to consistently uphold the best interests of the child. The study recommends that family courts should establish clearer legal standards and guidelines for balancing parental rights with the best interests of the child. This study will help create a legal framework that protects children’s rights while guiding parents to fulfill their responsibilities responsibly.
Authors: Bulelani Thukuse, Paul S. Masumbe
Institution: Walter Sisulu University
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $100
OpenAlex ID: W7125645305