In practice we get a lot of enquiries from parents in relation to the arrangements surrounding children, and these enquiries mostly come after the divorce has been finalized.

A lot of parents are under the impression that once the divorce has been finalized and in certain instances a deed of settlement has been entered into, a person cannot contest such a decree as it is something which you agreed to technically. However, the latter mentioned is not the actual position as one can always approach NOT the divorce court but the Children’s court to re-determine the issue of children you might be facing at that particular time.

The divorce court’s main jurisdiction is primarily a divorce but should the parties agree it also has jurisdiction to deal with children and maintenance matters as it is after all a Regional Court. At the very same time do we have different specific courts that deal with maintenance and children matters, namely the Children’s Court and the Maintenance court.

Should a parent want to change his/her mind in relation to the primary residence of the child(ren), he/she may approach the children’s court of the place where the child resides in order for the matter to be dealt with by family advocates and subsequently the court itself should parents not reach an agreement in that regard.    

Therefore, the finalization of a divorce does not mean that children matters cannot be dealt with afterwards.

Please note: This article is for general public information and use. It is not to be

considered or construed as legal advice. Each matter must be dealt with on a case

by case basis and is it hereby advisable to consult a legal practitioner should you have a similar

matter.