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Can a father be deprived from seeing his child if he is paying child maintenance?

Father’s Rights – Child Custody, Child Maintenance and Divorce

Our law offices is a family legal consultancy that deals with family legal matters. We have single fathers walking into our offices on a regular basis, asking about their legal rights regarding their children. It is by no surprise that many mothers deprive the kids from seeing their father – this is sometimes done out of spite. It is however, sad to watch how the children are often used as battle grounds.

We have compiled a range of online legal articles that explains the rights of fathers. These online articles contain free, expert legal advice compiled by the legal expert himself:

Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!

Stripping a father from his right to see or visit his child due to inadequate or no child support

This is fairly common in many situations we’ve encountered at our law offices, to find mothers keeping the child from the father due to no, or inadequate child maintenance. Because of this, the legal expert himself makes mention of this mistake. He states that:

Child support is the right of the child. And every child should obtain adequate child support from both his or her parents. However, if a parent does not pay child support, that is no reason alone to refuse him contact. Or, should he pay more child support, he would receive more contact. Maybe there are legitimate reasons why he cannot pay child support or the amount the parent wants. Maybe what the mother is claiming is excessive etc. Be that as it may, if a parent does not pay child support, the maintenance court should be approached for assistance.

Should a parent refuse the other parent contact to his or her child due to not paying child support, notwithstanding the non-paying parent having parental responsibilities and rights to have contact with that child, the refusing parent is clearly showing a disregard for the law and what is in the minor child’s best interests.

Do feel free to read more on this topic on How to win your child custody and child access court case – Tips and Tricks

Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!

Can a father gain full Child Custody over a child?

According to the law, this is highly possible. Of course, this will depend upon a number of factors before the court decides what, or rather in whose care is the child most safe.

However, let’s take a look at what our legal expert says about this:

The terms used to refer to the rights and responsibilities of parents to their children are referred to as “parental responsibilities and rights”. Parental responsibilities and rights are defined in the Children’s Act.

Section 18 of the Children’s Act of 38 2005 (the Children’s Act) states the following:
18. (1) A person may have either full or specific parental responsibilities and rights in respect of a child.
(2) The parental responsibilities and rights that a person may have in respect of a
child, include the responsibility and the right-
(a) to care for the child;
(b) to maintain contact with the child;
(c) to act as guardian of the child; and
(d) to contribute to the maintenance of the child.

Learn more about how you can gain full custody of your child .

It is however, suffice to mention that our online appointment system allows the layperson to effortless make an online appointment. The creators of this website has ensured that the website is user friendly. In doing so, we have made this website mobile friendly, efficient and fast for your convenience.

Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!

Parental Rights in South Africa

The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests.

When terminating parental responsibilities and rights, the court will:

  • What is best for the child rather than parents
  • The relationship between the child and guardian
  • The dedication the guardian has shown to taking care of the child and
  • Other factors that may be relevant to the court.

For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today!

There are certain concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below:

For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

 

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6 thoughts on “Can a father be deprived from seeing his child if he is paying child maintenance?

  1. I am an unmarried father. I have been paying the agreed maintenance that the court ordered plus extra as my ex demands extra money. Since she has refused me shared time with my son, I have now stopped paying the additional amounts and just stick to the agreed maintenance order. She has threatened to keep my son from me, can she do this even though I am sticking to my maintenance order.

  2. Hi There,

    I have an extraordinary situation I need advice on.

    My ex wife (of 12 years now) left SA with my son almost 5 years ago. She did so with my consent. I unfortunately lost my job in SA and have not been able to pay maintenance for almost 2 years now.

    When I finally did get a job, I was of course very happy and shared the news with my son and asked him to please get his mother to unblock me form all communications (something she did when we were not communicating very nicely to each other, in order that I can arrange to start paying her maintenance again. Instead of unblocking me, she had papers delivered to my employer demanding maintenance including backlog etc. This has caused a huge problem and I have lost my job as a result. Self defeating, there is no doubt, but I cannot have this happen again or I will never be able to do the right thing even though I want to if it continues!

    What are my rights here?

    1. Good day

      You have rights to have contact with your child in a manner which is in her best interests. The mother also has a right to approach the maintenance court for assistance.

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