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The Family Advocate: what the office does and how to ask for an enquiry

What a Family Advocate is, when the office gets involved, how a parent asks for an enquiry, what the report is for, and what else the office does under the Children's Act.

Last updated:
14 November 2026
Checked against the law:
14 November 2026

The short answer

A Family Advocate is a state lawyer who looks into what is best for a child and reports to the court. In a divorce, or an application to change an order about a child, the Family Advocate must hold an enquiry if a parent or the court asks. The office also registers parenting plans and agreements under the Children's Act, and mediates disputes about an unmarried father's rights.

At a glance

Who they are
A lawyer appointed by the Minister
Qualified to be an advocate, with experience of family matters (section 2).
Who they act for
The child
The enquiry is about the welfare of each minor or dependent child (section 4).
Who can ask
Either parent, or the court
When asked, the Family Advocate must hold the enquiry (section 4(1)).
What comes out
A report and a recommendation
The court decides. It must consider the report before granting a divorce (Divorce Act, section 6).

The Family Advocate does not act for you or for the other parent, and does not decide the case.

When the office gets involved

  • A divorce with children

    Section 4(1)(a)

  • Changing an order about a child

    Section 4(1)(b)

  • On the Family Advocate's own initiative

    Section 4(2)

  • Maintenance and protection order cases

    Regulation 4A

Parents who were never married

The Act was written for divorce. A court has declared section 4 invalid to the extent that it shuts out parents who never married, and married parents who are not divorcing. The order gave Parliament time to fix the Act, and for that period the Act is read as if a parent in those positions can also ask for an enquiry, in an application about custody, guardianship or access. A Bill (B20-2025) to rewrite the section is before Parliament and is not yet law. Ask the Family Advocate's office how it is handling such requests today.

Step by step: an enquiry in a divorce

  1. The form about the children goes in with the summons

    Who:
    The spouse who starts the divorce
  2. The other parent can reply

    Who:
    The other spouse
  3. The papers go to the Family Advocate

    Who:
    The registrar of the court
  4. Ask for an enquiry, if you want one

    Who:
    Either parent
  5. The enquiry

    Who:
    The Family Advocate, often with a Family Counsellor
    How long:
    Started as soon as practicable
  6. The report

    Who:
    The Family Advocate
    How long:
    Within 15 days of finishing the enquiry
  7. At court

    Who:
    The Family Advocate

What else the office does

  • Helps with a parenting plan

    Children's Act, section 33(5)

  • Registers a parenting plan

    Children's Act, section 34

  • Registers a rights agreement

    Children's Act, section 22

  • Mediates a dispute about an unmarried father's rights

    Children's Act, section 21(3)

Mediation is not safe if there has been abuse, threats or fear. If that is your situation, start with crisis lines and protection orders.

What goes wrong

  • Expecting the Family Advocate to be on your side

    Worth checking: who is advising you, as opposed to the child.

  • A thin or careless form about the children

    Worth checking: every answer on the form before it is sworn.

  • Settling and telling no one

    Worth checking: that the Family Advocate has been given the terms about the children.

  • Assuming the report is the decision

    Worth checking: what the report recommends, and what you would say to the court about it.

  • Assuming the office is only for divorce

    Worth checking: whether your application is about custody, guardianship or access.

What to gather

What Annexure A asks about

  • Where each child lives now, and with whom
  • Each child's school and grade, and any learning difficulty or disability
  • Who pays for what
  • The contact arrangements as they work today
  • Each parent's address, work, income and financial commitments
  • Any welfare organisation that has been involved with the family

What this means for you

The Family Advocate works from what the two of you put on paper and what the enquiry finds. A careful, accurate account of the children's ordinary week is the most useful thing you can give.

Sources

Every legal statement in this guide comes from one of these. We checked each statement against its source. A legal practitioner has not reviewed this guide.

  1. Mediation in Certain Divorce Matters Act 24 of 1987, sections 2 to 5 (consolidated to 9 August 2010, with the note on section 4)
  2. Mediation in Certain Divorce Matters Regulations, 1990 (as amended to 22 March 2005), Department of Justice
  3. Children's Act 38 of 2005, sections 21, 22, 33 and 34 (consolidated to 28 May 2025)
  4. Divorce Act 70 of 1979, section 6 (consolidated to 14 May 2024)
  5. General (Family) Laws Amendment Bill, B20-2025 (a Bill, not yet law)
  6. Plainly crisis lines

Independent. Not a law firm. Legal information, not legal advice.