Litigation, especially divorces, have an adverse effect on most people.
The emotional turmoil associated with a divorce is often intensified with disputes concerning domestic violence, child maintenance, spousal maintenance and to top it all, disputes regarding primary care and contact concerning minor children.
The Office of the Family Advocate was established to act as neutral person to assist parties to reach an agreement in respect of issues relating to minor children and where the parties cannot reach any agreement, to evaluate the circumstances of the parties and make recommendations to court. The best interest of the child will always take preference above all else in as far as the Family Advocate is concerned.
The assistance of the Family Advocate is generally invoked when the court refers a particular matter to their offices or where any of the parties request their assistance.
What happens when a case is referred to the Family Advocate?
Once the Family Advocate has been called to duty, a representative will arrange an appointment with the parties as well as the minor child. This appointment will, generally be simultaneously attended by everyone. Where such a joint meeting is undesirable or unpractical, then separate meetings may be held or even at different office of the Family Advocate.
The Family Advocate and a social worker will interview the parties and the minor child if the child’s age and maturity allow for such an interview. The purpose of the interview is to ascertain the personal circumstances of the parties as well as the background of the matter.
The Family Advocate may decide to even visit the residence of the parties or minor child if circumstances require them to do so.
The process is conducted in an informal and child-friendly manner.
The Family Advocate will endeavour to assist the parties in reaching an agreement in respect of their disputes and may assist them to conclude a parenting plan, which may either be registered with the Family Advocate or made an order of court.
The assistance of the Family Advocate will save litigants a substantial amount of legal costs and in most cases speed up the finalisation of the divorce proceedings.
Contact our family law experts for assistance.
