Best Interest of Children is Paramount

The best interests of children are the predominant factor in all matters concerning children, whether a maintenance-, residency and care or contact dispute. As recently as February 2020, the Head of Department of Social Development for KZN and Others, were ordered by Court to, amongst other orders, finalise all outstanding adoption applications within a month, thereby serving the bests interests of children as per the Constitution and the Children’s Act. Section 239 of the Children’s Act provides for applications for adoption orders and includes a letter of recommendation to be submitted by the Provincial Head of Social Development. In the aforementioned case, the issues in the matter related exclusively to the process, procedure and issuing of s239 letters and the delay occasioned in the finalization of adoption applications.

In any matter involving children, a problem-solving approach should be taken to prevent any delay in any action or decision to be taken.

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