The Effect of the Lockdown on Child Custody Rules

The lockdown has certainly shaken things up in more ways than one. What started off as a stern warning not to break lockdown protocol with the reason being a child custody agreement has now been amended.

The Regulations

The regulations of the Disaster Management have been amended to allow children of separated parents to move between households. While lockdown is in effect, it is an allowance that children can travel between each parent in accordance with an existing custody agreement. All that is needed is the relevant paperwork to be on hand at all times during switches.

This is according to the Minister of Social Development’s amendments to the directions issued in terms of Regulation 10 (8) of the Regulations made under Section 27 (2) of the Act Measures to Prevent and Combat the Spread of COVID-19 43213 which was made effective from April 7th, 2020.

What is Needed?

It is important to note regarding this amendment that it can only be applied to existing child custody agreements that have been recognised by the court and therefore hold the appropriate documentation.

The particulars of this allowance are that there is a court care order in hand during the transporting of the child and that the child has not come into contact with any person who could be infected, or potentially so, with COVID-19.

Remaining in contact is crucial during this time. Thanks to technology there are various channels with which parents can use to discuss the needs of their children, as well as, maintaining communications between children and their parents. This pandemic has caused a stressful upheaval that children will feel the effects of. It’s important to take care of each other during the lockdown. Stay strong, we’re all in this together.

Are you looking to confirm this amendment or find out if your situation applies? We have a team of specialised law attorneys among which are top-notch family lawyers who are equipped to help you with your needs. Contact Durban Law Offices on 031 836 0307, one of the top law firms in Durban, or email us at karen@durbanlawoffices.co.za so that one of our lawyers may assist you and/or provide you with advice when it comes to custody issues during this national lockdown.

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