WHAT TO DO WHEN YOU HAVE BEEN DENIED CONTACT WITH A CHILD

WHAT TO DO WHEN YOU HAVE BEEN DENIED CONTACT WITH A CHILD.

The right to contact with a child is not automatically afforded to persons other than the parents of the child. However, this does not mean that you have no legal remedies available to you.

The rights and remedies relating to contact with a child are set out in the Children’s Act 38 of 2005 (the Act).

The object of the Act:

The object of the Act, as it relates to contact with a child, is to promote the preservation and strengthen families, to give effect to the constitutional rights of children and to ensure that the best interests of a child are of paramount importance in every matter concerning the child.

What is contact?

Section 1of the Act defines contact in relation to a child as: maintaining a personal relationship with the child; and if the child resides with another person, contact through communication with the child on a regular basis which includes visiting the child or being visited by the child.

Who can apply?

Section 1 of the Act defines a family member, and in this case an interested party, in relation to the child to include grandparents, siblings, aunts and uncles and cousins. It further includes those persons with whom the child has developed a significant relationship which resembles a family member.

Remedy:

The remedy may be found in section 23 of the Act which provides that an interested party may approach the relevant court for an order granting them the right to contact with the child.

The court must take the following into account when considering an application for contact:

• the best interests of the child. In considering the standard of best interests of the child, the court must consider: the nature of the personal relationship between the relevant person and the child; and the need for the child to maintain a connection with family, extended family, culture or tradition.
• the degree of commitment that the applicant has shown towards the child;
• the extent to which the applicant has contributed towards expenses in connection with the birth and maintenance of the child; and
• any other fact that should, in the opinion of the court, be taken into account.

Section 23 further specifically provides that such order granting care (or contact) to a person does not affect the parental responsibilities and rights that any other person may have in respect of the same child.

If it is proved that the order for contact is in the best interest of the child, the court shall grant such order.

If you find yourself in a situation where you have been denied contact with a child, we encourage you to contact our offices where one of our expert attorneys will be able to assist