My Work Based me Far from Home and now my Child’s Mother is Denying me Access when I am in Town. What to Do?
By Adv. Nwabisa Matwa
As a father, it can be devastating to be denied access to your child by their mother, especially if your work has forced you to move far away from home. However, it’s important to remember that you do have legal rights and options available to you in South Africa.
To be legally recognized as a father to a child born out of wedlock, you must meet certain requirements. These include living with the mother in a permanent life-partnership at the time of the child’s birth and contributing, or attempting in good faith to contribute, to the child’s upbringing and maintenance for a reasonable period.
If the child’s mother is denying you access to your child, you can approach the office of the Family Advocates to draw up a parental plan. This document specifies the days and times of visitation, as well as the consequences should either party fail to comply with the plan.
If the mother still refuses access even after signing the parental plan, you can report the matter to the police officers and she may be arrested for contempt of court. Alternatively, you can approach the Children’s Court or High Court to apply for care and contact.
However, it’s important to note that the court will not automatically grant your application. The best interests of the child are of paramount importance in South African law. The court will consider factors such as the mental fitness and commitment of the father, the relationship between the child and the father, the relationship between the child and the mother, and the potential impact on the child if they are separated from their mother.
As someone who has dealt with many cases where children are used as pawns following a breakup, I strongly urge all parties involved to prioritize the best interests of the child. This includes allowing them to have a relationship with both parents, as far as it is within the child’s best interests.
It’s important to seek legal advice and support in these situations, both for your own rights and for the well-being of your child. Don’t hesitate to take action if you are being denied access to your child – you have legal rights and options available to you.
