Child custody affidavit

Family & estates

First choose the route that matches your matter. Annexure A applies to a divorce action seeking relief about a minor or dependent child of that marriage. For a children’s court matter, use Form 2. If care or contact is disputed, the Family Advocate can help parties seek agreement on custody, access and guardianship.

Prepare your affidavit

No account needed. Your answers are used for this request. Save to your account only when you choose to.

Do not sign before the commissioner of oaths. Review your statement and sign in their presence. This PDF is not signed or certified.

Official downloads

Download the children’s court formjustice.gov.za Find Family Advocate office contactswww.justice.gov.za Find magistrates’ court contactswww.justice.gov.za ChildrensAct J767 [20230315]justice.gov.za ChildrensAct J767 [20230315]www.justice.gov.za

How to use it

Divorce action involving a child Use the Annexure A route if you are a plaintiff in a divorce action seeking relief about custody, guardianship or access for a minor or dependent child of that marriage.
Children’s court matter For a matter brought to the children’s court, use Form 2, marked J767. Attach supporting affidavits or other documents as described in the checklist.
Disagreement about care or contact You may consult the Office of the Family Advocate if there is a dispute about a child’s care or contact. Parents who cannot agree on exercising their responsibilities and rights to their child may also see the Family Advocate.

Document checklist

For a qualifying divorce action Prepare a completed form that corresponds substantially to Annexure A, and have it duly sworn or affirmed.
School information For the school information, attach copies of the most recent school reports.
Copies for the court For filing, file with the Registrar of the Court two copies thereof.
For a children’s court matter Use Form 2 and attach affidavits from other people or other documentary evidence that supports the matter.
If you need more space on the children’s court form Add the information as an annexure and sign each page.

Questions & answers

Does Annexure A apply to every child custody matter?

The described route applies to a plaintiff in a divorce action seeking relief about custody, guardianship or access for a minor or dependent child of that marriage.

When can I consult the Family Advocate?

You may consult the office when there is a dispute about contact or care of a child. Parents who cannot agree on exercising their responsibilities and rights to their child may also see the Family Advocate.

What happens if the parties reach agreement?

The Family Advocate can help draft a parenting plan or a responsibilities and rights agreement. It can be registered with the Office of the Family Advocate or made a court order.

What if the parties cannot reach agreement?

The Family Advocate prepares a report for court and makes a recommendation based on the inquiry. A recommendation alone is not enforceable unless incorporated in a Court Order.

Are Family Advocate services free?

Services to the public are free of charge. If an additional expert report is critical to deciding the child’s best interests, parties to a legal dispute may be required to pay for additional expert reports.