Contact with your children during the holidays

GET URGENT CONTACT WITH YOUR CHILD DURING THE SCHOOL HOLIDAYS

Schedule a Consultation with Advocate Muhammad Abduroaf
Schedule a Consultation with Advocate Muhammad Abduroaf

The end-of-year holiday season is upon us. This is the time for families to come together and re-establish family bonds. It is also the time of year when many parents who are separated, or not living together, fight over aspects of contact with their children. Oftentimes, a parent would be refused contact with his or her child for no good reason. This is not in the child’s best interests.

We believe that children have a right to spend quality time with both his or her parents, irrespective of what type of relationship the parents have amongst themselves. This way of thinking aids the minor child’s emotional and psychological development. With regard to how much quality time a parent should receive, this depends on the facts of the case. However, the deciding factor is what is in the child’s best interests. This is what we shall look at next.

The Child’s best interests – Holidays or not

All parents must conduct themselves in a manner that is conducive to the child’s best interests. In other words, they need to set aside their personal issues with the other parent and focus on what is best for the child. What often happens is that one parent tries to punish the other parent by making use of the child. Therefore, they would prefer to alienate a parent from their child and refuse him or her any contact during the holiday season and other times.

Often, children are left with a grandparent, aunt, or non-relative to care for them while the other parent is busy during the holiday season. The child is the one who loses out in the long run. His or her development would be prejudiced, which could lead to serious mental and psychological developmental issues in the future.

A child required both parents to bring him or her into the world. And in the same manner, a child requires both parents to live a complete and meaningful life. Having said this, if you are being unreasonably refused contact with your child, and feel that it is not in the best interests of the child, read further, and find out what you can do.

What can you do if you are being refused contact with your child during the Holidays?

We don’t believe in resorting to litigation the moment a dispute regarding child care and contact arises. In other words, going to court at the first sign of trouble, or unreasonableness on the part of the other parent, is not always the best thing to do. Litigation is expensive, time-consuming, and may not result in the best solution for the parents and the child. Furthermore, you may have to expose the child to being assessed by third parties, which could lead to the child having to make certain choices regarding his or her parents.

Parenting Plans

Sometimes, other professional people should be approached for assistance. Here we are referring to mediators, social workers, or psychologists. Parents can meet with these suitably qualified people and try to mediate a parenting plan. A parenting Plan is an agreement between parents outlining their parental responsibilities and rights of care, contact, and maintenance in relation to their child. It may include other relevant aspects as well. As the law currently stands, unless it is a matter of urgency, before approaching a court, parents must first try to enter into a parenting plan.

If trying to agree to a parenting plan does not get you anywhere, then some legal intervention is needed. This is where you want a court to look into what is in the child’s best interests.

 

About the Author

Advocate South Africa

Legal Advisor for Our Lawyer (Pty) Ltd
Call 0211110090
For appointments: https://www.privatelegal.co.za/advice

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