Child abuse and neglect cases

FAQ for Child Abuse and Neglect Cases

What is child abuse and neglect?

Child abuse and neglect is the maltreatment of a child, which includes physical, emotional, sexual abuse, and neglect. It is a violation of a child's human rights and can cause long-lasting physical and psychological harm.

What are the signs of child abuse and neglect?

The signs of child abuse and neglect include unexplained injuries, changes in behavior, poor hygiene, malnourishment, and inappropriate sexual behavior. If you suspect abuse or neglect, it is important to report it immediately.

Who is mandated to report child abuse and neglect?

In South Africa, any person who suspects that a child is being abused or neglected is mandated by law to report it to the authorities. This includes social workers, teachers, healthcare workers, and the general public.

How do I report child abuse and neglect?

You can report child abuse and neglect to your local police station, social worker, or child protection organization. It is important to provide as much information as possible, including the child's name, age, and location.

What happens after I report child abuse and neglect?

After you report child abuse and neglect, the authorities will investigate the allegations. The child may be removed from their home and placed in temporary care while the investigation takes place. If the allegations are proven true, the perpetrator may face criminal charges.

Can I sue for damages in a child abuse and neglect case?

Yes, you can sue for damages in a child abuse and neglect case. This includes compensation for medical expenses, emotional distress, and loss of income. It is important to seek legal advice from a qualified attorney.

How long do I have to file a lawsuit for child abuse and neglect?

In South Africa, the Prescription Act places a three-year time limit on filing a lawsuit for damages in a child abuse and neglect case. However, this time limit may be extended in certain circumstances. It is important to seek legal advice as soon as possible.

What can I do to prevent child abuse and neglect?

You can prevent child abuse and neglect by being aware of the signs, reporting suspected abuse or neglect, and supporting organizations that work to protect children. It is also important to educate yourself and others on child abuse and neglect and how to prevent it.

Family Lawyers in South Africa specialize in laws relating to family matters and domestic relations. They handle a broad range of cases, including marriage, divorce, child custody, adoption, and other family-related issues. Their practice is guided by legislation such as the Divorce Act 70 of 19791, the Children's Act 38 of 20052, and the Maintenance Act 99 of 19983. These lawyers provide legal advice, negotiate on behalf of clients, and represent them in court proceedings. They are regulated by the Legal Practice Council4.
Footnotes

1. Divorce Act 70 of 1979 ↩
2. Children's Act 38 of 2005 ↩
3. Maintenance Act 99 of 1998 ↩
4. Legal Practice Council ↩