Divorce Article 11: The Rights of the Non-Custodian Parent in Divorce Proceedings.

Divorce Article 11: The Rights of the Non-Custodian Parent in Divorce Proceedings.

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Divorce Article 11: The Rights of the Non-Custodian Parent in Divorce Proceedings.

In our previous article, we briefly

discussed maintenance for minor children in divorce proceedings. In this

article, we shall consider the rights of the non-custodial parent.

Divorce does not terminate the

responsibility of any parent regarding their children. If a parent

maintains their responsibilities this means they maintain their rights. Whether

the parties agreed to which parent will have custody, or it was ordered by the

Court, the non-custodial parent will always maintain their rights unless it was

removed by the Court, this however only takes place in exception circumstances.

These rights are contained in the Children’s Act 38 of 2005 (“the Act”) as

follows:

(a)   to

maintain contact with the child; and

(b)   to

act as guardian of the child.

In the event that the

non-custodial parent is also the co-guardian they have the right to the following

decisions in relation to any minor child:

(a)   administer

and safeguard the child's property and property interests;

(b)   assist or represent the child

in administrative, contractual, and other legal matters;  or

(c)   give

or refuse any consent required by law in respect of the child, including-

(i)   consent to the child's marriage;

(ii)   consent to the child's adoption;

(iii)   consent to the child's departure

or removal from the Republic;

(iv)   consent to the child's application

for a passport; and

(v)   consent to the alienation or

encumbrance of any immovable property of the child.

Unless a competent court

orders otherwise, the consent of all the persons that have guardianship of a

child is necessary in respect of matters set out in (c) above.

What

however does it mean when the non-custodial parent has the right to maintain

contact with the child? As previously discussed this is the right of access and

visitation and the parties can agree to this or have it ordered by the Court.

In our next article, we shall discuss the maintenance for spouses.

Related Practice Areas: Maintenance & Spousal Support | Child Custody | Father's Rights

If you have questions about your specific situation, contact Nick Elliot for a confidential consultation.