Fathers have rights in terms of child maintenance in South Africa. So if you are a father and if you are not in a relationship with the mother of your child or children, you should have an understanding of a fathers rights to see his children in terms of the law.
What are your rights as a father?
The Children’s Act of 2005 deems that both parents have equal rights and responsibilities to their child or children.
There are of course, certain exceptions to this rule which are debated upon in court and decided by a judge.
As a father, legally you have just as much of a right to see your child or children, and share in the custody of said child or children.
What seems to happen in most cases
Generally, children of parents who do not live together will spend most of their time with one parent. And see the other at certain times, for example weekends, holidays etc.
The primary parent therefore has more control over the parenting process and the child or children’s lives. And makes the majority of the decisions.
In addition the primary parent has been known to try to stop the other parent from having access to the child or children. Or oppose any requests for shared custody or guardianship.
It is most common that the primary care giver is the mother of the child. Therefore leaving many fathers without access to their children.
Although there are many cases of one parent not wanting access to the child, there are a large amount of parents who desperately want to share in their child or children’s lives. Through visitation or shared custody.
This may also interest you: When does Child Maintenance Stop in South Africa?
What is child maintenance?
Child maintenance is paid by one spouse to another for his or her share of the costs of the living costs of the couple’s child or children.
The spouse with whom the children live is the one who will receive maintenance from the other.
If both spouses are earning the same amount, the maintenance amount paid by the spouse not living with the children will be the same as the amount spent on them by the person who is living with them.
However, if one spouse earns more than the other and covers more of the family’s living costs, they will have to pay a larger amount of maintenance.
Essentially, child maintenance is the money spent on looking after the children that are the product of the relationship or marriage which has now ended.
The costs will be both spouses responsibilities until the child or children become adults or even beyond that.
What does child maintenance cover?
Child maintenance payments can be put towards all or some of the living costs of the child or children.
These living costs include:
- Food
- Rent
- Lights and water
- School fees
- Clothing
- Medical aid
- Medicine
- Consumables like toiletries, nappies, soap, shampoo etc
- Extra-curricular lessons if the child or children have a hobby. The clothes and equipment needed and bits and pieces like competition entry fees etc
- Counselling to deal with the separation or divorce (if necessary)
- University fees
- Spending money
- A car when the child needs and is ready for one
- Money towards school trips, new sports gear and equipment, holidays and more
The expenses which child maintenance can be put towards vary. Because it really depends on the child or children’s needs and what the spouse paying maintenance can afford.
Sometimes, if one spouse was the higher earning one who paid for the majority of the living expenses for the family. And if the children live with the lower earning spouse after the separation or divorce. The higher earning spouse will have to pay both spousal and child maintenance. However the two are separate.
The rights of fathers with children born out of wedlock
In terms of the Natural Fathers with Children Born Out of Wedlock Act of 1997. Natural fathers who are not married to the mothers of their children. Or whose marriages are not recognised by the government, have the right to apply to a court for custody or access to their child or children.
Obviously, the most important thing that the judge will consider when deciding where and how the child or children live will be what is best for them.
The Children’s Bill of 2003 and the Father’s Rights Movement
The Father’s Rights Movement came about as a way for fathers to attain equality in the custody litigation process.
The Children’s Bill, which replaced the Child Care Act of 1983, has evolved rules in line with the aims of the Father’s Rights Movements. The goals of the Father’s Rights Movement include the following:
- The recognition that deciding who has custody of the children should not be done along traditional ideas of how a family work.
- Children deserve the right to be cared for by both parents. Instead of one primary care giver (usually the mother) and a part time father. Joint physical custody and equally divided parenting control are the best way forward.
- The absence of a child’s father in his or her life could negatively affect the child or children in the present or future.
Where to find help for child maintenance & Fathers rights
So if you are a father who can’t get shared custody, guardianship or access to your child or children, there are many professionals who could help you fight for your rights.
Some reputable lawyers who specialize in family law include:
- JLS Attorneys – JLS Attorneys are based in Glenhazel, Gauteng
- Houghton Harper Inc – This company is based in Houghton, Gauteng
- Haywood de Bruyn Attorneys – Haywood de Bruyn Attorneys is based in Bellville in the Western Cape
- Ehlers Attorneys – This firm is based in Centurion
- Van Pletzen Lambrechts Attorneys – Van Pletzen Lambrechts Attorneys can be found in Bloemfontein
To Summarize
In summary there are of course, many other well known and successful law firms that you could turn to. For help in discussing child maintenance and Fathers rights.
There are many professionals who believe strongly in this cause. And would be willing to go out of their way to help you have access to your children.
Because divorce and separation is so prevalent in today’s world, understanding child maintenance law in South Africa is essential.
Therefore it is necessary, if you are going through a divorce or separation, to contact an attorney. Or legal advisor who will assess your specific case and circumstances and give you the best possible advice.