Gesinsbemiddelingsproses met inagneming van die "Children's Act, Act 38 of 2005"

Abstract

Globally divorce is an increasing phenomenon. If not handled correctly it may be significantly destructive for the people involved. The new Children’s Act, Act 38 of 2005 regards the best interests of the child paramount in all matters concerning the care, protection and well-being of a child. It underpins the importance of the full, or specific parental responsibilities of parents, the importance of a conciliatory and non-confrontational approach to the settlement of child-centred disputes. It also mandates that the child has the right to participate in an appropriate way in any matter concerning that child and that his views must be given due consideration. Further Act 38 of 2005, provides for parenting plans to be agreed upon determining the exercise of their respective responsibilities and rights. The goal of this research was to explore, develop and implement a process of family mediation with reference to Act 38 of 2005. Five families affected by divorce and their children were selected as case studies for qualitative research. Applied research was done within the context of intervention research and the first four phases of Rothman and Thomas’ Intervention Research model was used. Problems caused by divorce were identified and the goal was to address the best interests of the child by improving the co-parenting relationship, parent-child relationships and the quality of parenting. Information gathering and synthesis took place by using existing information sources, studying natural examples and identifying functional elements of successful models.An observational system was designed. It included the natural observing of the five case studies, specific procedural elements and intervention. The design criteria were applied to the preliminary intervention concept.