Custody and care orders we translate.
“Custody” is still the common search term. South African children’s law describes the same subject in terms of care, contact, guardianship and maintenance.
- Foreign custody orders
- South African care and contact orders
- Parenting orders
- Relocation orders
- Contact and access orders
- Court permission to travel
- Parental responsibilities and rights orders
- Orders incorporated into divorce matters
What does “custody” mean in South Africa?
“Custody” remains widely used internationally and in everyday searches, but South African children’s law describes parental responsibilities and rights in terms including care, contact, guardianship and maintenance. The Department of Justice summarises those responsibilities accordingly.
A translation follows the terminology of the source order. Where a foreign order uses “custody”, that word is translated as it stands rather than swapped for a South African term.
Custody order vs guardianship order.
Care and custody
- What it concerns
- Primarily concerns the child’s care and living arrangements.
Guardianship
- What it concerns
- Can involve authority to represent the child and make specified major decisions.
Care, contact, guardianship and maintenance are related aspects of parental responsibilities and rights.
Child-travel court orders.
Official child-travel guidance recognises a court order granting full parental responsibilities and rights or guardianship, or specific permission for the child to travel, where consent is unavailable.
If the order is being used for travel, send the complete court order rather than only the paragraph dealing with travel permission. The surrounding provisions may affect how the order is interpreted.
Using a foreign order in South Africa
Foreign custody orders used in South Africa.
Foreign custody orders come up in immigration, relocation, schooling and administrative matters, family litigation and travel.
A translation makes the order readable in another language. It does not, by itself, make the foreign order enforceable in South Africa; recognition and enforcement are separate legal questions for the relevant court or authority.
Attachments
Annexures and parenting plans.
A custody order often has an attached parenting plan or schedule that forms part of the arrangement. Where that attachment is in another language and will be submitted with the order, it may also need translation. Send it together with the order so it can be quoted as one document set.
Related document translations
Court Order Translation
Court order translation for enforcement, immigration and legal use.
Guardianship Order Translation
Guardianship order translation for schooling, medical and immigration matters.
Parental Consent Letter Translation
Parental consent letter translation for minor travel and visa applications.
Adoption Document Translation
Adoption document translation for inter-country adoption and residence applications.
Need a child custody order translated?
Send us the complete court order, including any parenting plan or schedule that will form part of the submission, and tell us where it will be used.