Welcome, and thank you for your question.

There is an option available to you. Section 24 of the Children's Act, 38 of 2005 ("the Act") will be applicable. S24(1) provides that: "Any person interested in the care, well-being and development of a child may apply to the High Court for an order granting guardianship of the child to the applicant." Clearly, you have such an interest under the circumstances. You will therefore have standing to make such an application.

The court will take the following considerations into account (in terms of s24(2) and (3)):

1. The best interests of the child (this is of paramount importance);
2. The relationship between the applicant(s) and the child, and any other relevant person and the child;
3. Any other fact that the court deems relevant, including in cases where the child is old enough, the wishes of the child; and
4. Where the child at issue already has a guardian, reasons must be given why the existing guardian is not suitable to have guardianship of the child.

In order to pursue such an application, it would be advisable to instruct an attorney who specialises in family law to assist you with the preparation of the application papers, which will basically consist of a Notice of Motion, setting out the terms of the order applied for, and supporting affidavits by yourself and any other person who may have information to assist the court, setting out the grounds for your application and dealing with the requirements stated above.

The application should be served on your daughter and the Family Advocate, who, in terms of the Act, will ensure that the child's interests are protected. Once the notice is served on the Family Advocate, they will arrange for social workers and/or other suitably qualified professionals to investigate the situation and make a recommendation.

Yours faithfully,