Abstract
M.A. (Clinical Psychology)
The primary aim of this study is to investigate the
different subsystems involved in a child custody case. By
identifying the various patterns of interaction within each
subsystem this work attempts to provide the clinical
psychologist with a condensed frame of reference for the
role of expert witness in cases of this nature. The study
focuses therefore on the legal system in South Africa, the
family system in the process of divorce as well as models of
assessment used by practicing psychologists when giving
expert testimony.
In investigating the legal system, the study starts off by
highlighting the premises from which the law derives its
findings - in both constituted laws and judicial precedents.
The best interests of the child as overriding standard is
traced through various laws and judicial findings. The
study then turns to the latest developments following the
promulgation of the Mediation in Certain Divorce Matters Act
no 24 of 1987. The hesitancy and doubts that prevail among
practitioners of the law concerning this Act are noted.
the study initially looks at
divorce, then moves on to the
the children subsystem.