Mumtaz Moosa | mumtazs@icloud.com
24 August 2023 | 17:30 CAT
1 min read

Photo Credit: Harbor Psychiatry and Mental Health

In South Africa, the law is clear. It has consistently emphasised the significance of preserving a meaningful bond between a child and both parents unless the child’s welfare is in danger and determined otherwise by the courts. 

In many divorces, parents may not realise that their children are being used as pawns in the ongoing conflict between parental alienation’s unfortunate outcome. 

If a parent withholds visitation to one parent without any justifiable reasons, it is seen as an offence and is liable on conviction, either by fine or imprisonment. If a parent is denied access and cannot resolve the issues, the courts can be approached to help solve the matter.

In South Africa, visitation and child maintenance are considered distinct issues. Any unpaid maintenance fees cannot serve as a reason to refuse visitation rights. It’s advisable to establish parenting plans as soon as a divorce or separation occurs to ensure that both parents can continue nurturing their relationship with the child.