What does the Family Advocate do?

01 December 2023 112

The Office of the Family Advocate is a part of the Department of Justice and Constitutional Development. A person employed in this office needs to at minimum have an LLB degree (law degree). A family advocate plays a crucial role in the country's legal and judicial system, particularly in family law matters. They are professionals who work to ensure the best interests of children and families are protected during legal proceedings. The official website of the DOJ defines the office of the family advocate as the following: The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances in light of the best interests of the child and makes a recommendation to the Court with regard to custody, access or guardianship. “

1. Child Custody and Visitation: Family advocates primarily deal with issues related to child custody and visitation rights. When parents are unable to agree on these matters during divorce or separation, the family advocate steps in to assess the circumstances and make recommendations to the court on what arrangement would be in the best interests of the child.

2. Mediation and Conciliation: Family advocates aim to resolve disputes through mediation and conciliation, helping parents come to an agreement on child custody and other family matters. They facilitate conversations between parties to find mutually acceptable solutions, thus reducing the need for protracted and adversarial court battles.

3. Investigation and Reports: If mediation fails, or if a case is particularly complex, the family advocate conducts an investigation. They gather information from various sources, including interviews with the parents, children, and relevant professionals. Based on their findings, they compile a report with recommendations for the court regarding child custody, care, and contact arrangements.

4. Representation of Children: In some cases, the family advocate may represent the best interests of the child in court. This is especially important when children are too young or unable to express their wishes and preferences. The family advocate's role in such cases is to provide a voice for the child's needs and concerns.

5. Guardianship and Adoption: Family advocates are also involved in cases related to guardianship and adoption. They ensure that the adoption process is in the best interests of the child, conducting assessments and providing recommendations to the court.

6. Domestic Violence and Protection Orders: In cases of domestic violence or abuse within a family, family advocates may play a role in ensuring the safety and well-being of the affected parties. They can assist with obtaining protection orders and support the victims of abuse in navigating the legal process.

7. Educational and Support Role: Family advocates often provide information and guidance to families involved in legal proceedings, helping them understand the legal process and their rights. They may also offer referrals to counseling, social services, and other support systems to ensure the overall well-being of the family.

8. Court Proceedings: Family advocates may be called to testify in court and provide expert opinions based on their investigations and assessments. Their testimony can be influential in the court's decision-making process.

It is important to note that the role of a family advocate is to provide an impartial and child-centered perspective on family law matters. They strive to ensure that decisions made by the court prioritize the best interests of the children involved. This system helps reduce the emotional and psychological impact of legal disputes on children and families, emphasizing cooperation and resolution over acrimonious litigation.

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