The rights of parents to have contact with their children during the holiday season

It is that time of the year when schools are closed, and most parents can take off work. This is either due to being allowed to take some leave days or the business itself is closed during that period. Whatever the reason, parents want to spend time with their children during the holidays. And rightfully so. If parents and children live in the same home, there would not be much of a problem regarding contact, or no problem at all. Parents and children would see each other every morning and before going to sleep. The challenge arises when parents and children do not live in the same home.

Parental Responsibilities and Rights of Parents

A lot has been written on the topic of parental responsibilities and rights on this website. Extensive reference is made to relevant sections of the Children’s Act. However, to simplify things, parental responsibilities and rights refer to the parental responsibilities and rights a parent has to look after a child. That can be in the form of food, shelter, clothing, education, visitation, and so on. Basically, to form part of the child’s life in a meaningful way. Parental responsibilities and rights refer to responsibilities and rights. They go hand in hand. You cannot say you have a right to have contact with your child, but are not interested in exercising your responsibility of feeding and clothing the child. The law does not work that way.

What should parents do if they are not allowed contact during the holidays?

Firstly, it is the right of the child to have contact with both parents during their school holidays. It is not necessary for the parents ‘ rights, as the law focuses on what is best for the child. Secondly, it is the duty and responsibility of both parents to ensure that they make it possible for both parents to have contact with the minor child. This is so, despite the issues and differences the parents might have.

What do you do if contact is frustrated?

If they cannot come to an agreement, then it is strongly recommended that they have the issue mediated as soon as possible. There are many people who can assist in mediation. That can be someone you both trust and respect, or a professional trained in family mediation. With regard to someone you trust and respect, it could be your religious leader, family elder, or a trusted friend. Regarding professionals, that can be a social worker, lawyer, psychologist, or someone with mediation training. It is best to make use of someone who has family law experience. However, it is not always necessary, depending on the issues at hand.

What do I do if mediation is now possible or unsuccessful?

Mediation will not always be successful. However, despite it now always being successful, many benefits come from a mediation session. For one, the parents would be one step closer to understanding what the issues are, at least from the other side. That can be invaluable, as it often happens, couples usually speak or argue past each other when they are alone. In a mediation setting, whether formal or informal, they are forced to listen to each other.

However, if the mediation session is unsuccessful or not possible, then the law comes into play. Before going to court, you may want to consider seeing an attorney or advocate if you can afford it. They may consider the option of sending a letter to the other parent and trying to resolve the matter out of court. Often it works, and it is something you may wish to consider. However, if it is something you cannot afford or that does not yield any noteworthy results, then approaching the court is your next option. We deal with this next.

When to approach the Court when it comes to care and contact disputes?

It does not benefit the child nor you to exercise contact or care that is not adequate. In other words, if you should have more contact with your child, you should fight for it. The same applies to a parent who is abusing his or her parental responsibilities and rights. If you feel that they are doing so, the situation must change, which is in the child’s best interest. This could mean affording him or her the last contact and care.

Therefore, if speaking to the other party, mediation, or a lawyer’s letter does not work, then taking it to a court of law is the only viable option. The Court is the upper guardian of all minor children. Therefore, it overrides the rights of both parents. It can therefore limit, take it away, or increase or assign parental rights. Ultimately, the Court would decide what is best for the minor child involved.

Can I urgently have contact with my child during the holiday season?

If you are denied adequate contact rights to your minor child, you have the right to urgenly approach the court to relief. The High Court would need to be approached for urgent relief. The Children’s Court may be able to assist, but not as fast as the High Court would. However, the High Court can be expensive if you are making use of an attorney and advocates.

Therefore, to avoid approaching the High Court and having your matter heard in the Children’s Court, do not wait until the last minute to enforce your rights, especially when it comes to the end-of-year holiday contact.