Parental Rights of Divorced Muslim parents who were only married in terms of Muslim Rights (Updated)

When Muslim parents divorce, either via a Talak or Faskh, there remains the unresolved issue of their respective parental rights and responsibilities to their children. In other words, with whom should the child reside, and what type of visitation rights should the other parent have? Then there is the issue of child maintenance, parental guardianship consent and so on. Parents married in terms of South African civil law have the advantage of having the civil divorce court deal with the issue of access (contact) and custody (care). The civil divorce court is obliged to do this before pronouncing a final decree of divorce. This is however not the case of a Talak or Faskh. As you would see later, we suggest that Muslim divorced parents enter into a parenting plan.

Divorced Muslim Fathers’ parental rights

Muslim fathers, who were married in terms of Muslim Rites, have just as many rights as the mothers, to their children. This is so notwithstanding them having been married in terms of Islamic Rights only (and not civilly). From a South African Legal perspective, they are both co-holders of parental responsibilities and rights with regard to their minor children. What often happens is that one parent refuses the other reasonable contact to the child after the divorce. Or he or she may take the stance that he or she is the sole decider as to where and when the other parent may have contact with the children. This is not lawful and clearly not in the children’s best interests. The end result is, for example, the father takes the mother to the High Court, or the Children’s Court and the Judge or Magistrate confirms the father’s rights which he had all along. This can turn out to be very expensive, and draining on the children and parents alike. Attorneys and Advocates may be used and simple issues get battled out in the public domain. A more responsible approach needs to be followed which is suggested next.

What should Muslim parents do after they separated?

Drafting a Parenting Plan

Who can assist you with a parenting plan?

Parental Child Abuse in Child Custody Matters

This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it. Parental Child Abuse is a common occurrence in our society. This article does not deal with the merits or demerits of parental child abuse. However, it gives light on this aspect in a child custody case.

What are the common forms of child abuse?

What happens in cases of child abuse?

What to do when your child is being abuse by the other parent?

Should you approach the Domestic Violence Court?

What about Court Application limiting parental rights?

When should you consult with a lawyer?

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