As South Africa marks Child Protection Week from 29 May to 5 June under the theme, “Working Together in Ending Violence Against Children”, much of the public conversation rightly focuses on crimes committed against children.
However, according to family law expert Susan Abro of Susan Abro Attorney, child protection extends far beyond criminal matters and includes the often-overlooked impact of family conflict, domestic violence, and maintenance disputes.
“Child protection is not only about protecting children from physical or sexual abuse,” says Abro. “It is also about protecting them from the emotional, psychological and financial harm that can arise when family disputes become prolonged, hostile, or are used as a tool to control or punish the other parent.”
Abro, who has practised family law for over 36 years, says children are often the silent victims when parents separate, divorce, or become involved in ongoing legal disputes.
“When a parent refuses to pay maintenance, repeatedly initiates unnecessary legal proceedings, or uses the court system to continue a pattern of harassment and control, children are often the ones who suffer the consequences,” she explains.
South Africa’s legal system provides several avenues for families seeking assistance, including the Divorce Court, Children’s Court, Maintenance Court and Domestic Violence Court. While these institutions play a critical role in protecting vulnerable individuals, Abro says there are instances where legal processes themselves can become part of the abuse.
“We sometimes see situations where a perpetrator uses multiple court processes to continue exerting pressure on a former partner,” she says. “Instead of resolving issues, the legal system becomes another battleground. The emotional and financial strain this creates can be overwhelming, particularly for parents who cannot afford legal representation.”
Abro points to cases where parents, most often mothers, are forced to navigate multiple court proceedings simultaneously while attempting to care for and support their children, financially, emotionally and psychologically.
“In some matters, a parent may be pursuing maintenance, defending themselves against retaliatory legal applications, dealing with domestic violence proceedings, participating in Family Advocate investigations, children’s court proceedings, and managing divorce proceedings all at the same time,” she explains. “The practical reality is that this consumes time, money and emotional energy, which should be directed towards raising and supporting children and can even place their employment in jeopardy.”
The impact on children can be significant. Research consistently shows that prolonged parental conflict can negatively affect children’s emotional well-being, academic performance, sense of security, and long-term mental health.
Abro believes that a stronger child-centred approach is needed across all areas of the legal system. “The best interests of the child are meant to be paramount in every matter affecting children, but that principle must be actively applied in practice,” she says. “Court officials, legal practitioners and all professionals who interact with families must remain vigilant to situations where legal processes are being used to perpetuate abuse rather than resolve disputes.”
She also stresses the importance of alternative dispute resolution mechanisms, such as mediation and arbitration, where appropriate, to reduce conflict and encourage constructive problem-solving.
“Parents do not stop being parents when a relationship ends,” says Abro. “Where it is safe and appropriate to do so, families should be encouraged to find solutions that reduce conflict and keep children’s needs at the centre of decision-making.”
As Child Protection Week reminds South Africans of their shared responsibility to safeguard children, Abro believes that protecting children requires attention to every environment in which harm can occur, including within family disputes and legal processes.
“Working together to end violence against children means recognising all the ways children can be harmed,” she concludes. “Protection is not only about responding to criminal conduct. It is about ensuring that our families, communities and institutions consistently place children’s best interests and well-being first.”