Children are often the victims of abuse and are some of the most vulnerable members of society. Every decision affecting a child must be taken in a manner that protects, promotes and fulfils the child’s rights as set out in the Bill of Rights, the best interests of the child standard. Part of the best interests of the child standard in the Children’s Act sets out that a child needs to be protected from family violence and any physical or psychological harm that may be caused by subjecting/exposing the child to maltreatment, abuse, neglect, exploitation or degradation, violence or other harmful behaviour. Where a child is being subjected to abuse in any form one can approach the domestic violence court for an appropriate protection orders. When a child is being subjected to abuse/neglect by a parent, caregiver or holder of parental rights and responsibilities, one can approach the High Court or Children’s Court to have the child removed from their care and/or to have any parental rights and responsibilities they may have limited, suspended and even terminated in the interests of the child.
