NATIONAL QUESTIONNAIRE FOR FAMILY ADVOCATES TO CUSTODY (CARE) AND ACCESS (CONTACT) PROCEEDINGS

PROJECT 100, SUB-PROJECT “D” – REVIEW OF ASPECTS OF FAMILY LAW AND THE LAW OF PERSONS: REVIEW OF ASPECTS RELATED TO THE CUSTODY OF AND ACCESS TO MINOR CHILDREN

Closing date
TO BE ANNOUNCED

Researcher – Advocate Praveena Sukhraj-Ely
SA Law Reform Commission , Private Bag X668, PRETORIA, 0001
E-mail
: psukhraj@justice.gov.za, Tel : 012 392 9551, Fax : 086 501 5876 / 012 320 0936

1. How would you describe the job satisfaction you receive from working at the family advocate's office?
 

  Comments, if any
2. Generally, how many minutes/hours is a session where issues of custody and/or access are assessed?
 

Minutes Hours

  Comments, if any
3. How many sessions are held on average to determine custody and/or access in each case?
 

Number

  Comments, if any
4. Is the time and number of sessions held adequate for the Family Advocate's Office to make an informed decision?
 





  Comments, if any
5. In your experience, what percentage of divorces becomes opposed due to disagreements on access and/or custody of minor children?
%
  Comments, if any
6. In your experience, are matters of custody and access decided according to particular benchmarks and principles, e.g. the tender-years principle, instead of being decided on the merits and circumstances of each case?
 
 
7. Do you refer to reports by independent psychologists when making your assessment of custody and access of minor children?
 

  Comments, if any
8.

Do family counsellors/social workers play a vital role in helping you assess access and custody issues?

 
 
9. Do you go to the homes of the parties to assess the living situation of the children?
 





  Comments, if any
10. Does the Family Advocate's Office have the capacity and time to mediate in al proceedings involving questions of access and custody?
 


 
11. What do you think about using mediation as a tool to determine proceedings where access and custody of minor children is an issue?
 

Good idea and will work in practice
Good idea, but will not work in practice
Bad idea and will not work in practice

  Comments, if any
12.

Where there is a dispute regarding custody and access matters:

 





 
13. In light of South Africa being a multi-cultural society, do you think specially trained mediators are needed to mediate in matters of custody and access?
 


 
14.

Where there is a dispute regarding custody and access matters:

 

15. Do you think attorneys and advocates influence their clients to fight for custody and access so they can draw out court proceedings and increase their remuneration?
 

  Comments, if any
16. How often do you have matters being referred to the Family Advocates Office after recommendations made by the family advocate proved to be problematic in practise?
 

  Comments, if any
17.

What limitation does the Family Advocate's Office have when conduction assessments and proposing recommendations in custody and access matters?

 

18. Do you think that the new divorce courts created to deal solely with divorce matters are meeting their prescribed objective?
 


  Comments, if any
19. Should a parent information/education programme be attended by both parents?
 

In all proceedings where custody and access have to be determined
Only in matters where no settlement agreement is agreed upon
Under no circumstances as it will be too difficult to implement

  Comments, if any
20.

Should all couples with minor children seeking a divorce attend a compulsory parent education programme and obtain a certificate that they have attempted mediation, prior to their divorces being granted?

 


  Give reasons for you answer?