A Custody Affidavit is a fundamental legal document in South African family law proceedings, used when parties seek to establish, modify, or confirm custody arrangements for children. This sworn statement is typically required in custody disputes, divorce proceedings, or situations where formal documentation of custody arrangements is necessary. The affidavit must comply with the Children's Act 38 of 2005 and other relevant South African legislation, containing detailed information about the deponent's circumstances, their relationship with the child, living conditions, financial capability, and proposed arrangements for the child's care. The document serves as primary evidence in court proceedings and must be properly executed before a Commissioner of Oaths. It is particularly crucial in cases where the court needs to make determinations about the best interests of the child, which is the paramount consideration in South African family law.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc
1. Deponent Details: Full name, ID number, occupation and residential address of the person making the affidavit
2. Child Information: Full details of the child(ren) including full names, dates of birth, and current living arrangements
3. Relationship Declaration: Declaration of the deponent's relationship to the child(ren) and legal standing to make the affidavit
4. Current Custody Arrangement: Details of existing custody arrangements, including any court orders or informal agreements
5. Living Conditions: Description of the home environment, including accommodation, facilities, and support systems available for the child
6. Financial Provision: Details of financial capability to care for the child, including income, expenses, and maintenance arrangements
7. Child's Education: Information about the child's current schooling and educational needs
8. Child's Healthcare: Details about the child's health status and how medical needs are being met
9. Motivation for Custody: Reasons why the custody arrangement being sought is in the best interests of the child
10. Prayer/Request: Specific custody arrangement being requested from the court
1. History of Abuse: Details of any abuse or domestic violence if relevant to the custody request
2. Substance Abuse: Information about any substance abuse issues affecting either parent if relevant
3. Religious/Cultural Considerations: Specific religious or cultural factors that should be considered in custody arrangements
4. International Travel: Details about international travel arrangements or restrictions if relevant
5. Special Needs: Information about any special needs or medical conditions of the child requiring specific care
6. Extended Family: Information about extended family support and involvement if relevant to the custody arrangement
7. Previous Court Orders: Details of any previous court orders relating to the child's custody or care
8. Proposed Visitation Schedule: Detailed proposed schedule for visitation and contact with the non-custodial parent
1. Birth Certificate: Certified copy of the child's birth certificate
2. School Reports: Recent school reports and educational assessments
3. Medical Records: Relevant medical records or reports concerning the child's health
4. Financial Statements: Proof of income, expenses and ability to provide for the child
5. Police Clearance: Police clearance certificate of the deponent if required
6. Supporting Affidavits: Affidavits from teachers, healthcare providers, or other relevant parties supporting the custody application
7. Photographs: Relevant photographs of living conditions or other physical evidence
8. Previous Court Orders: Copies of any existing court orders relating to the child
Relevant legal definitions
Child
Custody
Care
Contact
Guardian
Parental Rights and Responsibilities
Primary Residence
Access Rights
Best Interests of the Child
Maintenance
Deponent
Commissioner of Oaths
Family Advocate
Court
Residence
Support
Visitation Rights
Supervised Access
Legal Representative
School Term
Holiday Period
Emergency Contact
Medical Emergency
Usual Residence
Social Services Report
Custody
Care
Contact
Guardian
Parental Rights and Responsibilities
Primary Residence
Access Rights
Best Interests of the Child
Maintenance
Deponent
Commissioner of Oaths
Family Advocate
Court
Residence
Support
Visitation Rights
Supervised Access
Legal Representative
School Term
Holiday Period
Emergency Contact
Medical Emergency
Usual Residence
Social Services Report
Clauses
Personal Details
Declaration of Truth
Relationship Status
Living Arrangements
Financial Provision
Educational Arrangements
Healthcare Provisions
Contact Rights
Access Arrangements
Transportation
Religious Observance
Decision-Making Authority
Emergency Procedures
Communication Protocol
Holiday Arrangements
Travel Permissions
Maintenance Obligations
Safety Measures
Dispute Resolution
Supporting Documentation
Verification
Child's Best Interests
Change in Circumstances
Witness Declaration
Declaration of Truth
Relationship Status
Living Arrangements
Financial Provision
Educational Arrangements
Healthcare Provisions
Contact Rights
Access Arrangements
Transportation
Religious Observance
Decision-Making Authority
Emergency Procedures
Communication Protocol
Holiday Arrangements
Travel Permissions
Maintenance Obligations
Safety Measures
Dispute Resolution
Supporting Documentation
Verification
Child's Best Interests
Change in Circumstances
Witness Declaration
Relevant Industries
Legal Services
Social Services
Public Sector
Child Welfare
Family Services
Education
Healthcare
Government Administration
Non-Profit Organizations
Relevant Teams
Legal
Social Services
Family Law
Litigation
Document Processing
Child Welfare
Court Administration
Client Relations
Advisory Services
Relevant Roles
Family Law Attorney
Legal Advisor
Social Worker
Family Advocate
Commissioner of Oaths
Legal Secretary
Paralegal
Court Administrator
Child Welfare Officer
Family Counselor
Legal Assistant
Document Specialist
Find the exact document you need
Affidavit Of Support For Visitor Visa
A South African legal document where a sponsor formally commits to supporting a foreign visitor during their stay in the country, as required by immigration authorities.
find out more
Owner Affidavit Form
A South African legal document sworn before a Commissioner of Oaths to formally declare and verify property ownership details.
find out more
Sworn Affidavit By Independent Trustee
A South African legal document where an independent trustee declares under oath their independence and commitment to fiduciary duties in trust administration.
find out more
Proof Of Residency Letter From Landlord
A formal South African landlord's letter confirming a tenant's residential address and tenancy status, used for official and institutional purposes.
find out more
Simple Affidavit
A formal written statement made under oath in South Africa, containing sworn declarations and authenticated by a commissioner of oaths.
find out more
Legal Affidavit
A sworn written statement made under South African law, certified by a Commissioner of Oaths, serving as formal evidence or declaration in legal proceedings.
find out more
Personal Affidavit
A legally binding sworn statement made under South African law, verified by a Commissioner of Oaths and used as formal evidence or declaration.
find out more
Proof Of Residency Letter From Family Member
A South African legal document where a family member formally confirms an individual's residential address, commonly used for official verification purposes.
find out more
Sworn Affidavit
A legally binding written statement made under oath before a Commissioner of Oaths in South Africa, serving as verified evidence or declaration.
find out more
Affidavit Of Support Documents Financial Evidence
A South African legal document providing sworn evidence of financial capacity and support commitment, authenticated by a Commissioner of Oaths.
find out more
Affidavit For Divorce
A sworn legal statement filed in South African courts detailing the grounds and circumstances for divorce proceedings under South African law.
find out more
Notary Affidavit Form
A formal sworn statement authenticated by a Notary Public or Commissioner of Oaths in South Africa, used for legal and administrative purposes under South African law.
find out more
Affidavit Letter
A legally binding sworn statement made under South African law, verified by a Commissioner of Oaths and used as evidence or official declaration.
find out more
Non Criminal Affidavit
A formal sworn statement for non-criminal matters under South African law, certified by a Commissioner of Oaths.
find out more
Housing Affidavit Form
A sworn legal document used in South Africa to declare housing-related information, requiring certification by a Commissioner of Oaths.
find out more
Affidavit Of Damage
A sworn legal document used in South Africa to officially declare and verify damage to property or assets, signed before a Commissioner of Oaths.
find out more
Affidavit Of Loss Passport
A sworn statement under South African law declaring the loss or theft of a passport, required for passport replacement applications with the Department of Home Affairs.
find out more
Affidavit Declaration
A legally binding sworn statement made under South African law, verified by a Commissioner of Oaths and used for official or legal purposes.
find out more
Affidavit Of Damaged Passport
A sworn statement under South African law declaring the circumstances and details of a damaged passport, required for passport replacement applications.
find out more
Affidavit Of Accident
A sworn legal statement under South African law documenting the details and circumstances of a vehicular accident, certified by a Commissioner of Oaths.
find out more
Bona Fide Marriage Letter From Friends And Relatives
A South African legal document where friends or relatives testify to the genuine nature of a marriage, primarily used for immigration and official purposes.
find out more
Affidavit To Use The Surname Of The Father
A South African legal affidavit used to formally request changing a child's surname to their biological father's surname, as required by the Department of Home Affairs.
find out more
Affidavit Of Loss Documents
A sworn statement used in South Africa to legally declare and record the loss of important documents, executed before a Commissioner of Oaths.
find out more
Passport Affidavit Form
A South African legal document used for sworn statements regarding passport-related matters, requiring execution before a Commissioner of Oaths.
find out more
General Affidavit Form
A formal sworn statement made under South African law, certified by a Commissioner of Oaths, used to declare facts for legal or administrative purposes.
find out more
Affidavit Of Sole Proprietorship
A South African legal document sworn before a Commissioner of Oaths declaring sole ownership and operation of a business enterprise.
find out more
Affidavit Of Loss Due To Fire
A South African sworn statement documenting losses from a fire incident, used for insurance claims and legal proceedings.
find out more
Affidavit Of Loss
A South African legal document sworn before a Commissioner of Oaths declaring the loss of important documents or items, used to obtain replacements or process related actions.
find out more
Affidavit Of Dependency
A South African legal sworn statement declaring and proving a dependency relationship between parties, commissioned under oath as per local legislation.
find out more
Supplemental Affidavit
A formal South African legal document that provides additional information or corrections to a previously filed affidavit, certified by a Commissioner of Oaths.
find out more
Affidavit Of Repudiation
A South African legal document containing a sworn statement where an individual formally denies or repudiates a signature, contract, or obligation.
find out more
Affidavit Of Ownership Vehicle
A sworn legal declaration under South African law confirming ownership of a specific vehicle, containing detailed vehicle and owner information and commissioned by an authorized official.
find out more
Affidavit Of Nearest Kin
A South African legal document where an individual swears under oath that they are the closest living relative of a deceased person, primarily used in estate administration.
find out more
Affidavit Of Loss Form
A South African legal document sworn before a Commissioner of Oaths declaring the loss of an item or document, used for official purposes such as replacements or claims.
find out more
Affidavit In Support Of Marriage
A sworn legal document required in South Africa declaring personal information and legal capacity for an intended marriage, executed before a Commissioner of Oaths.
find out more
Affidavit Of Good Conduct
A South African legal document where an individual swears under oath to their good character and conduct, certified by a Commissioner of Oaths.
find out more
Affidavit Of Age Declaration
A sworn statement under South African law declaring an individual's age and date of birth, certified by a Commissioner of Oaths.
find out more
Affidavit Of Lost Document Form
A South African legal declaration sworn before a Commissioner of Oaths that formally declares and provides details about a lost document, used for official replacement procedures.
find out more
Affidavit Of Loss Driver's License
A sworn statement required under South African law to declare the loss of a driver's license and facilitate its replacement with traffic authorities.
find out more
Authorization Letter For Affidavit Of Loss
A South African legal document authorizing a designated person to make and sign an affidavit declaring the loss of specific items or documents on behalf of another party.
find out more
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)
.png)