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If my ex-spouse or mother of my child refuses me access to my child, what are my rights?

This depends on whether you have a divorce order in place. If you were married and have a divorce order that grants you right of access, you may lodge a charge of contempt of court against your ex-spouse. If you were not married, the Children’s Act 38 of 2005 grants you automatic parental rights (and responsibilities) if you comply with certain criteria, including criteria relating to maintenance obligations towards the child. If there is any dispute between you and the mother, the matter must be referred to mediation and you may approach the Children’s Court (in the area where the child resides) for the purpose of having a parenting plan put in place.

By |2018-08-14T23:30:28+00:00August 14th, 2018|