Page:Mediation in Certain Divorce Matters Act 1987.djvu/3

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Act No. 24, 1987

Mediation in Certain Divorce Matters Act, 1987.

(2) A Family Counsellor shall hold office for a period of three years, or for such shorter period as the Minister determines at the time of his appointment.

(3) A Family Counsellor may resign by written notice to the Minister.

(4) The Minister may at any time withdraw the appointment of a Family Counsellor if in his opinion there is sufficient reason for doing so.

Powers and duties of Family Advocates.

4. (1) The Family Advocate shall—

(a)

after the institution of a divorce action; or

(b)

after an application has been lodged for the variation,

rescission or suspension of an order with regard to the custody or guardianship of, or access to, a child, made in terms of the Divorce Act, 1979 (Act No. 70 of 1979),

if so requested by any party to such proceedings or the court concerned, institute an enquiry to enable him to furnish the court at the trial of such action or the hearing of such application with a report and recommendations on any matter concerning the welfare of each minor or dependent child of the marriage concerned or regarding such matter as is referred to him by the court.

(2) A Family Advocate may—

(a)

after the institution of a divorce action; or

(b)

after an application has been lodged for the variation,

rescission or suspension of an order with regard to the custody or guardianship of, or access to, a child, made in terms of the Divorce Act, 1979,

if he deems it in the interest of any minor or dependent child of a marriage concerned, apply to the court concerned for an order authorizing him to institute an enquiry contemplated in subsection (1).

(3) Any Family Advocate may, if he deems it in the interest of any minor or dependent child of a marriage concerned, and shall, if so requested by a court, appear at the trial of any divorce action or the hearing of any application referred to in subsections (1) (b) and (2) (b) and may adduce any available evidence relevant to the action or application and cross-examine witnesses giving evidence thereat.

Regulations.

5. (1) The Minister may make regulations as to—

(a)

the procedure to be followed in relation to the institution

of an enquiry referred to in section 4, and the manner in which the report and recommendations mentioned in that section shall be produced in court;

(b)

the conditions of service of a Family Counsellor;

(c)

the payment by the State of remuneration and allowances

to a Family Counsellor for services rendered, the manner of calculation of such remuneration and allowances and the recovery of such remuneration and allowances by the State from a party or parties to a divorce action or an application referred to in section 4 (1) (b) and (2) (b) by means of an order as to costs by the court;

(d)

the appointment by a Family Advocate or a Family

Counsellor of a person or persons to assist him with an enquiry referred to in section 4 and the payment by the State of remuneration to such person or persons;

(e)

the appointment, powers and duties of one or more

committees to advise the Minister regarding the appointment, powers and duties of Family Counsellors; and

(f)

generally, any other matter which he deems necessary

or expedient to prescribe in order to give effect to the provisions of this Act and to realize the objects thereof.