van dyk attorneys - we serve without fear or favour


At the end of a relationship or marriage, or the beginning of separation or divorce, and where minor children are involved, the best interest of the minor children should come first.  Care, contact and primary residency in respect of the minor children are usually the first issues that comes to mind.

It is no longer acceptable to assume that the mother of the minor children will automatically have primary residency of the minor children subject to the father's reasonable rights to contact with the minor children.  Primary residency will usually be awarded to the parent who really cares and who wants to be with the children, who always put the best interest of the children first, and most importantly - if it is in the best interest of the minor child! 

Children should not be used as pawns or bargaining chips by the parties during a dispute.  Any such action by any of the parties will be detrimental to their case in respect of their rights and responsibilities when it comes to the minor children.  The court applies a simple test to determine rights and responsibilities when it comes to care, contact and primary residency - What is in the best interest of the children?  

Many fathers are now stepping up to the plate and are able to lovingly care for their children just as well as the mother, and in some instances even better. 

Disputes between parties regarding minor children can be emotionally exhausting and you would be wise to choose an attorney with the necessary skills to assist you from beginning to end in matters like these.