SALRC [Questionnaire]

NATIONAL QUESTIONNAIRE FOR SOCIAL WORKERS 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.	Do you think attorneys and advocates influence their clients to fight for custody and access without taking the interests of the children into account?
	Always Often Sometimes Rarely Never
	Comments, if any
2.	How often do you and the Family Advocate's Office disagree with each other on the terms of custody and/or access recommendations?
	Always Often Sometimes Rarely Never
	Comments, if any
3.	Does the Family Advocate's Office take your suggestions and recommendations into consideration when drafting their report?
	Yes No
	Comments, if any
4.	Do you think the methods used by the Family Advocate to advice on custody and access matters are effective?
	Yes No
	Why?
5.	What limitations does the Family Advocate's Office have in carrying out their assessments and proposing recommendations in custody and access matters?

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?
	Always Often Sometimes Rarely Never
	Comments, if any
7.	What is your opinion on co-parenting?

8.	If mediation does become compulsory, who would be suitable persons to act as mediators to assist the parties to reach an appropriate settlement agreement?

9.	Do you act as mediator in assisting parties to reach a settlement agreement on arrangements related to the custody of and access to minor children?
	Yes No
	If yes, what positive/negative implications arise from these sorts of matters?
10.	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
11.	In light of South Africa being a multi-cultural society, do you think that we need specially trained mediators to mediate in matters of custody and access?
	Yes No
	Comments, if any
12.	How long should training be and how should its content be constituted for family mediators?

13.	Should there be any pre-requisite criteria that persons must meet in order for them to train as mediators?
	Yes No
	If yes, what are they?
14.	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
15.	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?
	Yes No
	Give reasons for your answer.
16.	Do you think children should also be involved in the mediation process? Elaborate.
	Yes No