EXERCISING CONTACT WITH YOUR CHILDREN

Exercising Contact With Your Children Family Law South Africa

With the implementation of the Children’s Act, the term ‘access’ has been replaced with the term ‘contact’, which is defined as:

  • maintaining a personal relationship with the child; and
  • if the child lives with someone else:
    • communicating on a regular basis with the child in person;
    • visiting the child; or
    • being visited by the child; or

·         communicating on a regular basis with the child in any other manner.

It is a child’s right to have contact with both of his/her parents. In considering the amount and form of contact a parent should have with the child, the factors contained in the Children’s Act are taken into consideration.

Each situation is unique, and the outcome will depend on the facts presented, the child’s development, the parent’s relationship with the child and the child’s wishes, when applicable.

The following are common forms of contact:

  • reasonable contact – This is the most common form of contact. Reasonable contact does not mean unlimited contact; it means what is reasonable taking into account the child’s age, wishes and circumstances.
  • defined contact – Defined contact means that there are specific directions as to when, where and how a parent may exercise contact with the child.
  • supervised contact – Supervised contact means that a parent can only have contact with the child in the presence of either the other parent or a third party.
  • indirect contact – Indirect contact is usually combined with other forms of contact and especially important when a parent lives far away which makes frequent direct reasonable or defined contact difficult or impossible.
  • phased-in contact – Phased-in contact is often used when a parent has been absent from a child’s life, and needs to be reintroduced to the child gradually, to minimise any negative effects and feelings of discomfort.

For direct answers to your specific personal questions, please contact us directly.

Read more about our child law services.

Author – Jessica Gooding

Benita Ardenbaum Attorneys

Benita Ardenbaum

Director & Founder

Benita Ardenbaum is the director and founder of Benita Ardenbaum Attorneys. Benita is passionate about family law and has worked in this field for 27 years. Benita provides an integrative and client centred approach to family law. Benita’s expertise includes being able to take complex disputes, simplify them and provide a strategy to resolve them. She is a qualified mediator and has extensive experience in litigation.

Benita has an established international practice. Benita is a member of the international Academy of Family Lawyers (IAFL). Benita has extensive experience in South African and International Divorces including complex financial divorces and divorces where there are disputes relating to children.

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