How to check an attorney handles Children's Act matters properly

When you're handling a dispute involving a child's care, contact, maintenance or guardianship, the stakes are high enough that you need someone who knows the Children's Act inside out and has real track record in that specific arena. A competent attorney in this space protects your interests and your child's welfare, understands court procedure, and can spot gaps in an opponent's case that might otherwise cost you years of struggle.

The trouble is that "family law" is broad, and not every attorney who handles divorces spends serious time on Children's Act matters. Some dabble; others have built their practice around it. Your job is to separate the two—and to do that, you need to know what to check and what to ask.

Search the right registers and ask for proof

Start by confirming the attorney is properly admitted to practise. Search the Law Society of South Africa's online roll (you can do this on their website), and note the registration number. Then ask the attorney directly for their fidelity fund certificate—this is current proof they're insured and in good standing. Do not skip this step.

Next, check whether they have a specialism or accreditation in family law or mediation. Some attorneys hold a certificate in family law mediator status or specialism awarded by the LSSA or a recognised training body. Ask which qualifications or training they hold in the Children's Act specifically. A one-line answer is less reassuring than someone who can describe a course they've done, a supervision agreement they maintain, or a professional association they belong to (such as the Family Law Practitioners Association).

If they handle Children's Act matters regularly, they should also be familiar with any practice directives issued by the court in your province. Ask them how they stay current with changes to children's law and court procedure. If they pause or give vague answers, that's a signal.

Check their actual case experience, not their marketing

Don't just ask "Do you handle Children's Act disputes?" Ask instead: "In the past two years, roughly how many Children's Act matters have you taken to trial or settlement, and what kind of disputes?" Push for specifics. Someone who handles three cases a year is different from someone who handles three a month.

Then ask for references—ideally from clients who faced a similar dispute to yours (e.g. a custody contest, a maintenance enforcement, a guardianship dispute). When you speak to a reference, don't ask leading questions. Ask what the outcome was, whether the attorney understood the facts quickly, how they handled unexpected turns, and whether they kept the client in the loop. Ask too whether there were any surprises with cost or timeline.

You can also search the available court judgments online (courts issue written decisions in significant disputes). If the attorney has appeared in a case similar to yours, you may find their name in a published judgment. That's not a guarantee of quality, but it shows they've stood in front of a judge in real disputes.

Spot gaps before you instruct

Before you sign anything, meet or call them and describe your situation in outline. A competent Children's Act attorney will ask probing questions: What is the current living arrangement? Has maintenance been assessed? Is the other parent willing to negotiate, or do they seem entrenched? Are there any welfare concerns? They should also warn you about realistic timelines and ask what you hope to achieve.

If they rush to quote a fee, downplay complexity, or don't ask about the child's view or the other parent's circumstances, hesitate. The Children's Act requires courts to consider the child's best interests as paramount—a good attorney won't approach your case as a binary win.

Verifying an attorney's competence takes time, but so does a poorly handled dispute. Check the register, ask for proof of insurance and training, demand specifics about their case load, speak to people they've represented, and trust your instinct if something feels off. On Strove, you can view verified family law and mediation practitioners, read client reviews, and message several for a quote before you decide.