Co-parenting during the South African National Lockdown period – What does the law say? – The good and the abuse

Lockdown South Africa Children remain at home

Updated: 16 April 2020

New regulations have been issued on 16 April 2020. Click on the link below:

The material change is that you do not have to have a court order or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate. Possession of a birth certificate or certified copy of a birth certificate is now also allowed.

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)

“The child must remain in the custody of the parent with whom the child was with, when lockdown period started” – Directive 6(m)(ii) in terms of the Regulations [30 March 2020]

South Africa is in a state of a national lockdown. Our borders are closed, the economy is standing still or barely moving. There are troops on the ground and police on high alert. The doors of businesses are closed and people are to remain at home. All these measures are in place to limit the spread of COVID-19 or the Coronavirus. This is an important and necessary measure implemented by the State to flatten the curve. The South Africa, we are living in today is far different than the one we lived in 10 days ago. Not many people saw it coming.

“Continue paying your child support or child maintenance.”

Co-parenting during the National Lockdown Period

Before the commencement of the National Lockdown period, there was uncertainty about how the National Lockdown would affect co-parenting. And rightfully so. Parents had to consider the possibility of no movement of children during the national lockdown period. Not only for their safety and risking infection but for their children as well. What would then happen? Did it mean that the child would have to remain with one parent during the entire lockdown period? Or may they move the children around? This issue was resolved by the government and we wish to bring it to your attention.

What does the regulation or law say?

In summary, and in layman terms, children are not to be moved between parents during the lockdown period. Have a look at the recent regulations.

The regulations in place brought about serious challenges for all. Firstly, what if the parent who is not the primary caregiver, and not capable of caring for the children for extended periods had the children during the start of the lockdown? This parent-only knows how to care for the children for a few days at a time – not at all for 21 days. What if the conditions at his or her home are not the same as the primary home of the children? For example, in the primary home, the children have their room to share, and a bigger place to play, etc. All their clothes are there, also their schoolwork and extramural equipment. This is not the case at the home they are at during the lockdown period. Stepsiblings may also be living with them. The example above is a mellow one, but there are far more serious real examples out there. What if the child is prone to fall ill, and everything he or she needs is at the primary home? The list goes on.

Parents abusing the lockdown situation

Then there is the issue of abusing the National lockdown situation. If a parent refused to return the minor child before the lockdown, then that situation would remain. The primary caregiver would then have to wait 21 days before he or she can physically see the minor child. This is the sad reality of the situation. Should you wish to approach the court for urgent relief, you would have to have very strong and compelling reasons why the child should be removed despite the regulations in place.

What to do 8 days later?

Now that we passed the first week of lockdown, many parents never saw their children for the entire period. Many of those parents may prefer that there be a change in caring arrangements where the other parent can now care for the children for another week. Or a parent may want to only see the children for a few hours. Unless the government changes the regulations, that would not be possible.

What advice do we have for parents during the remainder lockdown period?

Parents should work together to ensure that the child’s best interests are upheld during the lockdown period. Telephone calls, WhatsApp messages, and video calls, to mention a few should constantly be used, if possible, between parents and children.

We also remind parents to continue paying child maintenance and child support during this lockdown period.

Final advice during the lockdown period

Our final advice to all parents is to remain patient during these challenging times. The entire country is in lockdown and many other nations as well. Everyone is, therefore, going through challenges. Businesses are suffering, and people do not know if they would have an income after the lockdown period. If all goes well, and there is no reason to doubt that it would, at the end of the 21-days of lockdown, things would better. We, therefore, should all respect the government’s decision.

Should the situation change during the lockdown period, Our Lawyer (Pty) Ltd would update its website accordingly. If you require legal advice, our online appointment portal is still running. All appointments are done telephonically or via video. We make use of WhatsApp Video, FaceTime, Zoom, and Skype. Stay home and stay safe.

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)

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2 thoughts on “Co-parenting during the South African National Lockdown period – What does the law say? – The good and the abuse

  1. Good day sir / madam,

    Am from Sierra Leone and I have daughter with a South African lady whom we have dated for 3 years. Our daughter was born on 27th September 2020, in that period I was staying with the family of my ex faience and things was all good. I move in with her family due to losing my job and I couldn’t able to pay for my apartment.
    On 16 December 2020 me and my ex has an argument through WhatsApp and the following day in the morning I was ask out of the house by her dad. That separate me from my daughter but not withstanding I tried to make peace all in the name for my daughter , I now visiting the family as I was staying with my friend. On 21st February 2021, I visited my ex to drop items for my child which was ask to buy by Ex , when I was there my Ex ask me for my phone and I handover it to her saying she want to take pictures with it, in that period she sneak into my phone and access all my WhatsApp conversations and Facebook . As soon as she saw those messages of me chatting with ladies she seize my phone and never give it back to me .
    I left and since then I never have access to see my daughter, she treating me that she will make sure I got deported or me being a jail because she say I cheated on her, she and he dad keep sending me and my family messages of how they will show me what South Africa is and they why I stop going there because I was scared of my life and also deported for no reason. Now I tried to talk to my uncle so he can mediate between us so I can able to see my daughter and also support her as the father. All this while have been trying ti have access to see my child but my ex is refusing me to see the child . I don’t have anyone here to stand for me I don’t have family here . I used to take care of my ex and even my child I took proper care for her until that faithful day when my ex took my phone I never able to have access to my child. Please I need help to have access to my child so I can show my support as a father and also teach her my own morals. Please help me , I actually don’t want a fight with the family as they were such a nice family to me and I still regard that . I know if I gave them with any legal issue it will sound like am been ungrateful here but am not all I want is for me and my ex to co-parent and for me to have access to see my daughter that all. Please help me .
    Thanks and have a wonderful time.

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