Protecting Your Children’s Future and Your Parental Rights

Child Custody & Maintenance Lawyers in Johannesburg

When a relationship ends, the most important consideration is the well-being of your children. Our child custody lawyers are dedicated to finding solutions that serve the best interests of your children while ensuring your parental rights and responsibilities are protected.

Discuss Your Parenting Matter

Putting Children’s Best Interests First

Prioritising Your Children’s Well-being

Disputes over children are often the most emotionally charged aspect of any separation. Prolonged conflict can have a lasting negative impact on a child’s emotional health. The primary goal of South African law, and our firm’s approach, is to shield children from this conflict and establish stable, nurturing arrangements as quickly as possible.

Custody and maintenance decisions affect every aspect of a child’s life — from education and emotional well-being to stability and financial security. Our attorneys ensure that all arrangements meet the Children’s Act’s requirements and reflect the child’s best interests at every stage.

We Help You:

Navigate custody and access rights fairly and respectfully.

Draft and register parenting plans that reduce conflict.

Calculate and enforce maintenance orders accurately.

Modify existing maintenance orders if circumstances change.

Custody, Care, and Financial Support

Guidance on All Aspects of Parenting Law

Our Areas of Expertise:

Custody & Access (Care & Contact): We assist parents in determining primary residence, shared custody, and access arrangements. Every plan prioritises the child’s emotional and developmental needs. We represent parents in negotiating and litigating matters of primary residence (“custody”) and contact (“access”).
Parenting Plans: We draft comprehensive Parenting Plans under the Children’s Act, registered with the Family Advocate or the court. This is a detailed written agreement that outlines all aspects of co-parenting, including living arrangements, contact schedules, and decision-making.
Learn About Parenting Plan Mediation →
Child & Spousal Maintenance: We calculate fair maintenance contributions and assist with enforcement, arrears recovery, and variation applications when financial circumstances change.
Enforcement of Orders: If a parent defaults on payments, we represent clients in maintenance courts and enforcement proceedings.
Why Settlement Agreements Matter →
Relocation Applications: We provide legal guidance and representation for parents wishing to relocate with a child, either within South Africa or internationally.
Rights of Unmarried Fathers: We provide clear advice to unmarried fathers on how to secure their full parental rights and responsibilities.

House keys and property transfer document on desk with modern Johannesburg home blurred in background.

Experienced • Child-Focused • Accredited

Why Families Trust Hugh Raichlin Attorneys

For more than three decades, Hugh Raichlin Attorneys has helped parents and guardians across Johannesburg resolve custody and maintenance disputes with compassion and legal precision.

Child-Focused Representation: Every strategy protects children’s best interests in line with the principles of the Children’s Act.
Skilled Negotiators: We are highly experienced in negotiating parenting plans and reaching amicable settlements that reduce conflict.
Strategic Litigators: When a matter cannot be settled, we are prepared to assertively fight for your parental rights in court.
Empathetic Guidance: We understand the immense stress and emotion involved in these cases and provide supportive counsel throughout.
Accredited Mediation Expertise: Led by Hugh Raichlin, accredited mediator (London School of Mediation) and member of the Association of Arbitrators SA, qualified under the Gauteng High Court’s directive.
Enforceable Outcomes: Agreements are drafted and registered for full legal protection.
Proven Track Record: 30+ years resolving custody, guardianship, and maintenance matters.

Collaboration Over Conflict

Mediation in Custody and Maintenance Disputes

The Gauteng High Court’s mandatory mediation directive encourages mediation before litigation, particularly in custody and maintenance matters. Mediation allows parents to reach fair, child-focused solutions without emotional or financial exhaustion.
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Our accredited mediators help parents:

Develop enforceable parenting plans
Resolve maintenance disputes quickly
Avoid lengthy custody battles
Stay compliant with court requirements
Learn More About Family Mediation →
Read About Court-Linked Mediation →

Legal Compliance • Practical Solutions

What the Children’s Act Says

The Children’s Act (No. 38 of 2005) governs parental rights and responsibilities, including custody (care), access (contact), and maintenance. The Act ensures that all decisions prioritise:

The child’s best interests
The child’s relationship with both parents
The child’s physical, emotional, and educational needs

We ensure your arrangements are:

Legally sound – compliant with the Children’s Act and court protocols
Fair and sustainable – reflecting both parents’ financial realities
Focused on stability – maintaining consistency for the child

Common Pitfalls & Mistakes to Avoid

Mistakes That Can Undermine Custody or Maintenance

Ignoring Court Orders – Failure to comply can result in fines or imprisonment.
Verbal Informal Maintenance Agreements – Always formalise custody and maintenance agreements in writing. A verbal promise to pay maintenance is not enforceable. It is crucial to have a formal agreement or court order in place.
Learn About Settlement Agreements →
Using Children as Leverage – Courts penalise conduct that harms a child’s well-being or relationships. Involving children in the adult conflict or trying to alienate them from the other parent is incredibly damaging and is viewed very poorly by the courts.
Delaying Mediation – The court expects parents to mediate first under the Gauteng directive.
Read About Mandatory Mediation →
Neglecting Updates – Failure to adjust maintenance when circumstances change can lead to enforcement action.
Denying Contact due to Unpaid Maintenance: In South Africa, contact and maintenance are separate legal issues. You cannot legally deny a parent contact with their child because they have failed to pay maintenance.
Relocating Without Consent: Moving to another city or country with your child without the other parent’s consent or a court order is a serious offence that can be considered child abduction.

Attorneys with specialist expertise

Our team brings accredited skills across property, family, commercial, labour, and mediation law.

Over 30 Years Of Experience

Trusted by generations of clients since 1993.

500+ Family & Divorce Cases Resolved

Guiding families through sensitive matters with compassion and clarity.

Reported High Court & Supreme Court of Appeal Judgments

Our cases have shaped South African common law and set lasting precedents.

Understanding Mandatory Mediation

Custody & Maintenance FAQs

How is child maintenance calculated in South Africa?

Based on income, needs, and expenses of both parents, guided by the Maintenance Act. There is no single child maintenance calculator. The amount is based on the reasonable needs of the child and the respective means (income and expenses) of each parent. Each parent has a duty to contribute proportionately.

What are the rights of an unmarried father?

An unmarried father acquires full parental rights and responsibilities automatically if he lives with the mother in a permanent life partnership or, if not, if he consents to be identified as the father, contributes to the child’s upbringing, and contributes to maintenance.

At what age can a child decide who they want to live with?

There is no set age. A child’s views are taken into consideration by the court, with more weight being given as the child grows older and more mature. However, the final decision always rests with the court based on the child’s best interests.

What is a “Rule 43” application?

It is an urgent application made during a divorce for interim relief. It can be used to secure temporary maintenance or define interim care and contact arrangements for children while the main divorce case is pending.

Can a parenting plan be changed?

Yes, a parenting plan can be changed by mutual agreement and registered with the Family Advocate, or by applying to the court if the other parent does not agree to the changes.

Can both parents share custody?

Yes. Joint custody (shared care) is common when it serves the child’s best interests.

What if a parent doesn’t pay maintenance?

You can file an enforcement application at the maintenance court.

Do parenting plans need to be registered?

Yes, they must be filed with the Family Advocate or made an order of court to be enforceable.

Do we need to go to mediation first?

Yes. The High Court directive encourages mediation before litigation.

Protect Your Child’s Future Today

Secure a Stable Future for Your Children

Whether you need to draft a parenting plan, claim maintenance, or protect your rights as a parent, our expert child custody lawyers are here to help. Contact us for a confidential consultation.

Every custody and maintenance decision should be guided by compassion, fairness, and legal precision. Hugh Raichlin Attorneys ensures your children’s best interests remain protected at every step.

Book a Custody & Maintenance Consultation

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