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Browse our 1 legal question about Child Visitation in South Africa and the lawyer answers, or ask your own questions for free.
If you are the biological parent of a child (but not limited to only a biological parent), the Children’s Act makes provision for child visitation and rights to care for a child. Maintenance and visitation are completely separate in SA....
Read full answerIn Pretoria, South Africa, child visitation law, also known as contact or access law, is part of the broader field of family law. The primary drive behind these laws is the welfare and best interests of the child. Parents have a right to have regular contact with their children, facilitated by a custody agreement or court order. This law oversees the rules and conditions around this contact, such as frequency and duration of visits.
Professional legal assistance is beneficial in complicated situations such as disputes or conflicts regarding visitation schedules, disagreements about the child's wellbeing or if the parents cannot agree during divorce proceedings. Additionally, a lawyer can also be of great help if there is a need to modify an existing visitation order due to changed circumstances, such as relocation or changes in the child's needs.
In Pretoria, SouthAfrica, the Children's Act 38 of 2005 governs the child visitation law. This Act states that every child has the right to maintain a personal relationship and direct contact with both parents on a regular basis, except when inconsistent with the child's best interests. The Court will consider the child's age, maturity level, the nature of the relationship between the child and the parent, as well as any potential risk of harm to the child. A professionally mediated parenting plan is usually encouraged before any court involvement.
The first step is usually a mediation between the parents, guided by an accredited family law mediator. If this fails, the parent seeking visitation can apply to a family advocate or the court. Often, a social worker or psychologist will evaluate the unique situation, and their report will help the court in making a decision.
The court aims to ensure both parents have an active role in their child's life. However, custody and visitation rights are not necessarily equal, as they are awarded based on the child's best interests, which may result in one parent having more visitation time.
Visitation rights can be revoked, restricted, or modified by the court if this is found to be in the best interest of the child. Such cases usually involve situations where the child may be in danger.
The law understands that older or more mature children can play a role in deciding the visitation schedule. However, this does not apply to younger children. Therefore, while a teenager's views might be considered, a young child's refusal would not typically impact the visitation rights ordered by the court.
If a parent consistently breaks the terms of the visitation order, the aggrieved parent can file a complaint in a family court. This could lead to modified rights or, in some cases, penalties, including fines and even imprisonment for contempt of court.
Additional support can be found in places such as family advocacy institutions, Department of Social Development, and various NGOs in Pretoria that deal with child rights and family law. Psychological support systems and legal aid clinics can also be beneficial for emotional support and legal information respectively.
If you require legal assistance in Child Visitation matters, start by identifying a family law professional or firm that specialises in Child Visitation and custody matters. Engage in a consultation and discuss your situation in detail, allowing them to provide advice tailor-made for your circumstances. Always keep the welfare and best interests of the child at the forefront of all decisions.
