The origin and functioning of the family advocate system

This synoptic article focuses on the origin and functioning of the Office of the Family Advocate as the protector of the interests of minor children in divorce cases. Attention is paid to the general contemporary trend to specialise in judicial decision-making that developed out of an increasing need for expertise in the administration of justice. A number of arguments for and against judicial specialisation are addressed. The origin of the Office of the Family Advocate within the South African judicial system is discussed and a brief exposition of the history of divorce legislation in South Africa is given. This is followed by attention to the functioning of the Office of the Family Advocate with reference to the process followed in investigations of this office and points of criticism against the system are highlighted. The article closes with an indication of the need for research in this regard and possible focus points for future research are identified.