October 15th, 2011 | 
Author: Access Problems – Can’t see your children or Grandchildren?
As we approach the festive season when everyone is making plans for their annual year end break and it is that time when blended and separated families run the risk of serious legal action when access is being denied by one of the parents.
The solution to the problem differs somewhat depending on whether or not there is an existing order regulating and specifying access to the party seeking relief. If no order exists it will be necessary for the other person to approach a Court, Children’s or High Court, to get the necessary order which will then allow the person to enforce that access that is specified.
In terms of section 35 of the Children’s Act:Any person who has care or custody of a child in terms of a court order, or parental responsibilities and rights agreement, and refuses another person who has access to that child or parental responsibilities and rights in respect of that child, contact with that child or prevents that person from exercising those rights, is guilty of an offence. If that person is convicted for such an offence they will be liable for a fine or imprisonment for no more than one year.
So what do we do when access is withheld or denied?
- Ensure that you have an order specifying access
- Enforce your access by laying criminal charges
- Make the South African Police services do their job.
Posted in Family Law
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