SALRC [Questionnaire]

Questionnaire: NATIONAL QUESTIONNAIRE FOR LEGAL PRACTITIONERS

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.	What percentage of your clients signs a settlement agreement because they are actually satisfied with its contents? %
	Comments if any:
2.	In your experience, does the partner in a lower financial position settle sooner than the partner who is economically sound?
	Always Often Sometimes Rarely Never
	Comments if any:
3.	In your experience, what percentage of divorces becomes opposed due to disagreements on access and/or custody of minor children? %
	Comments if any:
4.	Do you think that the new divorce courts created to deal solely with divorce matters are meeting their prescribed objectives?
	Yes No
	Comments if any:
5.	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?
	Always Often Sometimes Rarely Never
	Comments if any:
6.	How long does the Family Advocate’s Office take on average to advice on opposed matters?
	Weeks Months Years
	Comments if any:
7.	Have you ever had to postpone court dates due to delays caused by the Family Advocate’s Office?
	Always Often Sometimes Rarely Never
	Comments if any:
8.	What do you think of the quality of service offered by the Family Advocate’s Office?
	Poor Satisfactory Good Excellent
	Comments if any:
9.	Do you think the method used by the Family Advocate’s Office to advice on custody and access matters is effective? Give reasons for your answer.
	Yes No
	Comments if any:
10.	Do you think mediation would be a worthwhile tool to help settle all matters of access and custody of minor children? Give reasons for your answer
	Yes No
	Comments if any:
11.	Where there is a dispute regarding custody and access matters:
	Attendance of mediation by both parents should be compulsory Attendance of mediation by both parents should be voluntary Attendance of mediation should be determined by the Family Advocate’s Office Attendance of mediation should be determined by a court
	Comments if any:
12.	Do you think the employees of the Family Advocate’s Office are competent to engage in effective mediation?
	All the employees are competent Most of the employees are competent Some of the employees are competent None of the employees are competent
	Comments if any:
13.	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 not settlement agreement is agreed upon Under no circumstances as it will be too difficult to implement
	Comments if any:
14.	Do you think South Africa needs trained mediators to mediate in custody and access matters in our multi-cultural society?
	Yes No
	Comments if any:
15.	Who should be allowed to mediate in custody and access matters?
16.	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 divorce being granted? Give reasons for your answer.
	Yes No
	Comments if any: