Divorce F.A.Q.

    Divorce F.A.Q. > Type > Contact & Visitation

"The other parent should not have any contact with my children"

2017-10-29

Location: South Africa

If you believe that the other parent should not be a co-holder of parental responsibilities and rights (PRR) and therefore should not have any contact with your children, you will have to bring an application to the upper guardian of children, the court, and explain why the other parents' PRR should be terminated. If you do not approach the court and frustrate or deny contact, you may be criminally charged (Section 35 of the Children's Act). If you badmouth the other parent to the children with the aim to have the children "decide" that they do not want contact with the other parent, understand the damage that you are inflicting on your children and know that the day will arrive when they will turn their back on you for denying contact with their other parent.

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I have care and contact of my child; my wife has taken my child with her overseas, and said she will not be returning. What recourse do I have?

2017-10-11

Location: South Africa

The Hague Conventionon the Civil Aspects of International Child Abduction, which was ratified by South Africa, governs these types of abductions. You are advised to contact the office of the Chief Family Advocate (view their contact details) to assist you with this matter.

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The other parent is frustrating contact. What can I do?

2017-01-07

Location: South Africa

Chapter 3, Part 3 of the Children's Act 38 of 2005 confirms: " Any person having care or custody of a child who, contrary to an order of any court or to a parental responsibilities and rights agreement that has taken effect as contemplated in section 22(4), refuses another person who has access to that child or who holds parental responsibilities and rights in respect of that child in terms of that order or agreement to exercise such access or such responsibilities and rights or who prevents that person from exercising such access or such responsibilities and rights is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year."

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The other parent packs old worn clothes for my children when they visit me. What do I do?

2016-05-10

Location: South Africa

Sadly, we encounter this often. On a positive note, this too shall pass. If possible, purchase some clothes for the children to keep at your house, but remember that these items will most probably end up at the other parents home.

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How do grandparents obtain rights to a grandchild?

2015-04-01

Location: South Africa

Grandparents may apply to the Children's Court at the Magistrate's Office or the High Court for an order granting contact with, or care of the grandchild. You can also ask to form part of the Parenting Plan or Parental Rights and Responsibilities Agreement, drawn up by parents and/or other family members, usually with the assistance of a mediator, social worker and/or family advocate.

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What are the benefits co-parenting has for my children?

2008-02-01

Location: South Africa

Co-parenting allows children to see that people can work past their differences. It also teaches and instills respect in children when they see the two most important people in their lives demonstrating mutual respect. It also provides children a sense of safety and security by maintaining a calm and peaceful environment.Co-parenting fosters extended love and support by involving both sides of their families in their upbringing.

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Disclaimer

The above answers are supplied by accredited family mediators with input from our legal counsel. The contents of this page are not published as legal fact as every case is different. You are welcome to book a support request and to share details after which we will be in a better position to assist you.