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!


About the Author

Advocate South Africa

Legal Advisor for Our Lawyer (Pty) Ltd
Call 0211110090
For appointments: https://www.ourlawyer.co.za/advice

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

  1. Goeie aand
    Ek was in n 5 jaar verhouding met n nassists gewees ons het n 2 jarige baba saam. Hy nooit n vinger gelig om te help met die baba nie ons albei het werk gehad maar hy nooit gehelp tot vandag toe nie ons is nie meer saam nie. Maar vandat my familie uitgevind het my familie 99.99% alles gehelp en betaal.
    Hy dreig my as ek nie doen soos hy wil nie gaan hy mense na my familie se huis toe stuur en die baba ontvoer en ons seer maak en dood maak.

    Die baba is in 2021 gebore in COVID tyd hy is onder van my resigster omdat die Pappa by die huis was met die baba. En die Pappa het daardie tyd gese dit is reg as jy die baba onder jou van register maar hy is nie op die geboorte serifkaart nie. Nou wil hy my dood verklae.

    Ek het tans begin met n nuwe werk en die eks weet nie wAar ek werk of bly en die baba het skooltjie begin.

    Hy weier dat ek aan between met my lewe en nuwe mense ontmoet want hy gese as hy my vang met n nuwe man gaan hy die baba ontvoer van my af.

    Ek stuur Fotos en video laat hom video call as ek kan maar ek werk elke dag en komaat by die huis my ma en familie het hom geblok omdat hy hulle gevloek het en self genoem. Ek is baie bang en vrees vir my lewe en die baba sin en natuurlike my familie het n protection order gedoen teenoor hom en ek soek niks van hom af nie eers maintenance nie. Ek wil net aanbeweeg met my lewe hy stel glad nie belang in baba se lewens hy se hy doen maar hy doen dit is net vir show. Hy baie unstable en werk by n security company met n unlicensed vuurwapen

  2. Hi there

    I have been having trouble getting my son’s father to pay child support on time and I constantly have to ask him to send it. He does not always send an amount once a month and often he pays an R500 every two weeks. Sometimes he refuse to do so when we have argued over something like our son’s routine or me doing everything alone everyday and not having the time to go sit at his work (he owns a liquor shop). We are not together but he acts like we are.

    We had an arguement three weeks ago at his house because he did not want our son to go sleep when it was his naptime and he did not want to start the barbeque until we left because he felt our son had enough to eat which was only an yoghurt and juice. I told him he eats food three times a day with snacks in between and that when he does not sleep when it is his naptime and he is obviously tired it messes with his bedtime and that he gets very fussy all through the night. After that we went home and he blocked me and stayed away from our son. I asked him a few times if he is coming to see him and I also let him know whenever he is done napping. I have never kept his son from him and he knows he is welcome here any time. Even before he started paying maintenance and I took care of our son’s needs he could come and see him anytime he wants or videocall him but he often stayed away on his own and said he is busy and would not come or call or ask about our son for weeks. I am not working right now and spend every day and night taking care of our son. I keep receipts of when and on what I spent the maintenance money.

    On Monday he came and took our son without my consent when it was his naptime. He pushed me into the doorframe when I asked him to put him down for his nap and arrange a time and date when he wants to take him with him. He refused to tell me when he is bringing him back and declined some of my calls. When he returned he did not tell me whether our son had something to eat or if he slept and to me that is very important because I believe in routine and that stability and consistency make children feel more safe. He did the same thing today after he yelled at me when I was doing our son’s washing and he made a big scene about what a bad mother I am and how I meab nothing. He got mad when our son just looked at him and carried on playing with his toys. He took him again without a bottle or shoes and did not bring him back till much later.

    I have no idea what to do and I feel the need to approach the court or professional help as he won’t talk to me unless he is cursing me and telling me how he will take my son and keep him away from me. He has an abusive history and always resolve his issues with his fists. One time when I was pregnant he got into fight with an older homeless man. I cannot eat or sleep because I am terrified and worried about what’s coming next and he has already threatened to hit me so many times when I try to talk to him.

    What are my rights and how can I protect myself from him while still giving him time with his son? Please help

  3. 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.

  4. 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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