Father's Rights Article 4: Access And Visitation.

Father's Rights Article 4: Access And Visitation.

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Father's Rights Article 4: Access And Visitation.

In our previous article, we briefly

discussed the responsibility of unmarried fathers regarding maintenance for

minor children, specifically how maintenance is determined.

In this article, we shall

consider options available to unmarried fathers when access and visitation is

refused.

It may happen that the

biological mother and unmarried father may be unable to reach an agreement on

access and visitation to the children of the unmarried father, referred to as

the parenting plan. In this instance, the unmarried father may have recourse to

the Children’s Court in terms of the Children’s Act 38 of 2005 (“the Act”).

In terms of Section 45(1)(b)

of the Act the Children’s Court may adjudicate any matter concerning “the

care of, or contact with, a child”. The Children’s Court therefore has

jurisdiction to determine the issue of access and visitation. Please note

however that this must not be construed as limiting the inherent jurisdiction

of the High Court as upper guardian of all children, meaning the same request

can be made to the High Court. The Children’s Court can be located, in most

instances, in the Magistrate’s Court in the relevant area of jurisdiction, that

being where the child resides.

The Children’s Court has the

power to refer the matter, depending on the circumstances of the case, for

further investigation by a social worker. The social worker will be required to

compile a report for the Children’s Court to take into account when making its

order.

While this may take some time,

to compile the report, the Children’s Court may issue an interim (temporary)

order for access and visitation pending the outcome of the hearing.

In our next article, we shall

discuss the recognition of paternity of the unmarried father and how this is

obtained.

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.