heard
When Sarisa was twelve years old, she found herself in the middle of a court case between her divorced parents. They did not agree on how to share the custody of her and her sister. Sarisa was unhappy that her views were not being heard and wrote a letter to the judge.
TE X T: MARLENE WINBERG PHOTOS: SATSIRI WINBERG
My voice must be
in a I am involved d n a d ol rs a I am 12 ye concerning my e Hig her Court th in se ca t cour child. person and a a s a s ht rig n huma s ren’s rig hts wa ard about child he I e t m rn ti a le st T he fir ars ol d. I n I was 10 ye e constitution in a school w he are part of th s ht rig s n’ re aren’t that child s, but children ht ig R of l il B ving rig hts. ca ll ed th e incl uded in ha be to ed er a lways consid law yer. be he lped by a to ht rig e th s rEvery child ha ained to unde rson w ho is tr pe a urt is co r a ye w es A la etim d he lp you. Som n a w a if la e ild th ch ra stand to be unfair fo t ou rn tu ld case wou he lp. law yer did not om be protected fr s th e rig ht to el bad fe em th s Every child ha that make y a w a in d by being treate om being hurt es and a lso fr lv se em th ut abo someone. ta lped me to ge Child Law he r fo e ed of tr nt en oi C r app T he my ow n law ye ve ha to r co de me in urt so court or now represents ho w , ce oi ch be protected my ow n child can a lso a s a s ht rig ut matters that my o be heard abo ls a n ca ice and my vo lif e. aff ecting my Sarisa
A
nn Skelton, who was Sarisa’s lawyer, told the judge that when parents get a divorce, children should be consulted about decisions that affect their lives, such as how much time they should spend with one parent. This made a difference for Sarisa, because the judge listened to her and because of that, adults did too. But it also made a difference for
many other children, because it began a process of children’s voices being heard in their parents’ divorce cases. Sarisa’s case was the first in South Africa where a child in a custody battle had her own, separate lawyer to help her. Sarisa’s case set a precedent for other cases. Now it is no longer uncommon for children to have legal representation in court.
‘Kids get say in custody battles’ states the Pretoria News after the judge agreed to listen to Sarisa van Niekerk when she was twelve years old (she is 19 today). Her parents could not agree on how to share her custody. Ann Skelton was Sarisa’s lawyer and it was the first time that a child in South Africa had her own lawyer helping her in a custody battle.
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