The rights of parents to have contact with their children during the holiday season

It is that time of the year where schools are closed and most parents can take off work. This is either due to being allowed to take some leave days or the business itself is closed during that period. Whatever the reason, parents wants to spend time with their children during the holidays. And rightfully so. If parents are children live in the same home, there would not be much of a problem regarding contact. Or no problem at all. Parents and children would see each other every moring and before going to sleep. The challenge arise when parents and children do not live in the same home.

Parenal Responsibilities and Rights of parents

Alot has been written on the top of parental responsiblities and rights on this website. Extensive reference is made to relevant sections of the Children’s Act. However, to simply things, parental responsiblities and rights refers to the parental responsiblities and rights a parent has to look after a child. That can be in the form of food, shelter, clothing, education, visitation and so on. Basically, to form part of the child’s life in a meaningful way. Parental responsiblities and rights refers to  responsiblities and rights. They go hand in hand. You cannot say you have a right to have contact with your child, but not interested in execising your responsibility of feeding and clothing the child. The law does not work that way.

What should parents do if they are not allowed contact during the holidays?

Firstly, it is the right of the child to have contact with both parents during their school holidays. It not not neccessary the right of the parents as the law focuses of what is best for the child. Seconldy, it is the duly and responsiblity of both parents to ensure that they make it possible for both parents to have contact with the minor child. This is so, despite the issues and differences the parents might have.

What do you do if contact is frutrated?

If they cannot come to an agreement, then it is stronly recommened that they have the issue mediated as soon as possible. There are many people that can assist in mediaton. That can be someone you both trust and respect or a professional personal trained in family mediation. With regard to someone you trust and respect, it could be your religious leader, family elder or a trusted friend. Regarding professionals, that can be a social worker, lawyer, pyschologist or someone with mediation training. It is best to make use of some who has family law experience. However, it is not always neccessary depending on the issues at hand.

What do I do if mediation is now possible or unsuccessful?

Mediation will not always be successful. Howewer, depite it now always being successful, many benefits comes from a mediation session. For one, the parents would be one step closer in understanding what the issues are, at least from the other side. That can be invaluable as it often happens, couples usually speak or argue past each other when they are alone. In a mediation setting, whether formal or informal, the are forced to listen to each other. However, if the mediation session is unsuccessful or not possible, then the the law comes into play. Before going to court, you may want to consider seeing an attorney or advocate if you can afford it. They may consider the option of sending the other parent letter and try to resolve the matter out of court. Often it works and it is something you may wish to consider. However, if it is something you cannot afford, or it does not yield any noteworthy results, then approaching the court is your next option. This we deal with next.

When to approach the Court when it comes to care and contact disputes?

It does not benefit the child nor you to execise contact or care which is not adequate. In other words, if you should have more contact to your child, you should fight for it. The same applies to a parent who is abusing his or her parental responsibilities and rights. If you feel that they are doing so, the situation must changes which is in the child’s best interest. This could mean affording him or her last contact and care. Therefore, if speaking to the other party, mediation, or lawyer’s letter does not work, then taking it to a court of law is the only viable option. The Court is the upper guardian of all minor children. Therefore, it overrides the rights of both parents. It can therefore limit, take it away or increase or assign parental rigths. Ultimatley, the Court would decide what is best for the minor child involved.

Can I urgently have contact to my child during the holiday season?

If you are denied adequate contact rights to your minor child, you have the right to urgenly approach the court to relief. The High Court would need to be approach for urgenly relief. The Children’s Court may be able to assist, but not as fast as the High Court would. However, the High Court can be expensive if you are making use of attorney and advocates. Therefore, to avoid approaching the High Court and have your matter heard in the Children’s Court, do not wait until the last minuite to enforce your rights. Especially when it comes to end of year holdiday contact.    

The rights of parents to have contact with their children during the holiday season

It is that time of the year where schools are closed and most parents can take off work. This is either due to being allowed to take some leave days or the business itself is closed during that period. Whatever the reason, parents wants to spend time with their children during the holidays. And rightfully so. If parents are children live in the same home, there would not be much of a problem regarding contact. Or no problem at all. Parents and children would see each other every moring and before going to sleep. The challenge arise when parents and children do not live in the same home.

Parenal Responsibilities and Rights of parents

Alot has been written on the top of parental responsiblities and rights on this website. Extensive reference is made to relevant sections of the Children’s Act. However, to simply things, parental responsiblities and rights refers to the parental responsiblities and rights a parent has to look after a child. That can be in the form of food, shelter, clothing, education, visitation and so on. Basically, to form part of the child’s life in a meaningful way. Parental responsiblities and rights refers to  responsiblities and rights. They go hand in hand. You cannot say you have a right to have contact with your child, but not interested in execising your responsibility of feeding and clothing the child. The law does not work that way.

What should parents do if they are not allowed contact during the holidays?

Firstly, it is the right of the child to have contact with both parents during their school holidays. It not not neccessary the right of the parents as the law focuses of what is best for the child. Seconldy, it is the duly and responsiblity of both parents to ensure that they make it possible for both parents to have contact with the minor child. This is so, despite the issues and differences the parents might have.

What do you do if contact is frutrated?

If they cannot come to an agreement, then it is stronly recommened that they have the issue mediated as soon as possible. There are many people that can assist in mediaton. That can be someone you both trust and respect or a professional personal trained in family mediation. With regard to someone you trust and respect, it could be your religious leader, family elder or a trusted friend. Regarding professionals, that can be a social worker, lawyer, pyschologist or someone with mediation training. It is best to make use of some who has family law experience. However, it is not always neccessary depending on the issues at hand.

What do I do if mediation is now possible or unsuccessful?

Mediation will not always be successful. Howewer, depite it now always being successful, many benefits comes from a mediation session. For one, the parents would be one step closer in understanding what the issues are, at least from the other side. That can be invaluable as it often happens, couples usually speak or argue past each other when they are alone. In a mediation setting, whether formal or informal, the are forced to listen to each other.

However, if the mediation session is unsuccessful or not possible, then the the law comes into play. Before going to court, you may want to consider seeing an attorney or advocate if you can afford it. They may consider the option of sending the other parent letter and try to resolve the matter out of court. Often it works and it is something you may wish to consider. However, if it is something you cannot afford, or it does not yield any noteworthy results, then approaching the court is your next option. This we deal with next.

When to approach the Court when it comes to care and contact disputes?

It does not benefit the child nor you to execise contact or care which is not adequate. In other words, if you should have more contact to your child, you should fight for it. The same applies to a parent who is abusing his or her parental responsibilities and rights. If you feel that they are doing so, the situation must changes which is in the child’s best interest. This could mean affording him or her last contact and care.

Therefore, if speaking to the other party, mediation, or lawyer’s letter does not work, then taking it to a court of law is the only viable option. The Court is the upper guardian of all minor children. Therefore, it overrides the rights of both parents. It can therefore limit, take it away or increase or assign parental rigths. Ultimatley, the Court would decide what is best for the minor child involved.

Can I urgently have contact to my child during the holiday season?

If you are denied adequate contact rights to your minor child, you have the right to urgenly approach the court to relief. The High Court would need to be approach for urgenly relief. The Children’s Court may be able to assist, but not as fast as the High Court would. However, the High Court can be expensive if you are making use of attorney and advocates.

Therefore, to avoid approaching the High Court and have your matter heard in the Children’s Court, do not wait until the last minuite to enforce your rights. Especially when it comes to end of year holdiday contact.

 

 

Related Post

Best advice on finding a top divorce lawyer for your divorce case in Gordons Bay, Cape Town

Do you live in Gordons Bay, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Gordons Bay or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Gordons Bay or anywhere else in South Africa. The issues we shall deal with are the following.
  • Gender of the Advocate or attorney;
  • Location of the Advocate or attorney;
  • Experience of the Advocate or attorney;
  • Costs of the Advocate or Attorney; and
  • The personality of the Advocate or Attorney.

What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?

Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.

What is the ideal office location of the Advocate or attorney? Does it have to be in Gordons Bay?

The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.

What level of experience should the Advocate or attorney have?

It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.

What about the Costs of an Attorney or Advocate?

For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.

What about the personality of the Advocate or Attorney?

Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.

What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?

Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Do you require a video legal advice consultation?

Click here and schedule one today!