The dangers of alienation syndrome during separation with your partner

It is a harsh reality that unmarried and/or divorced fathers are being denied contact with their minor children.

Smith van der Watt Inc attorney Hilde Eksteen said it should be taken into consideration that it was not just fathers who struggle with this issue, but any parent who has not been granted primary custody of the minor child (the noncustodial parent).

“There were mostly the same key underlying factors raised by each group for the reason why contact with the minor child/ children was being refused.

“Apart from the aspects raised by key roleplayers in the legal system, there are different cultures and the role that fathers are expected to play, and the fact that fathers mostly work far from the primary residence of the minor child/children, making it difficult to exercise any physical contact,” Eksteen said.

Eksteen said these key underlying factors are summarised as follows:

• Breakdown of the romantic relationship between the mother and the father;
• Financial constraints which resulted in the breakdown of the romantic relationship which, in turn, influenced the contact with the child, maintenance payments and external family influences;
• Legal restrictions such as protection orders granted by the courts preventing the fathers from having contact with their children; and
• Abuse of women and children and drug and alcohol abuse.

Eksteen said the right to obtain contact with a minor child was not as clear-cut as it might seem in chapter 3 of the Children’s Act 38 of 2005, which deals with parental rights and responsibilities.

In terms of section 18, the Act states that a person who has parental rights and responsibilities enjoys the right to contact with the minor child.

“Section 19 gives full parental responsibilities and rights to biological mothers of the minor child subject to section 19 provisions. Whereas section 20 provides full parental responsibilities and rights to married biological fathers if he was married to the mother of the minor child during the time of conception and/or time of birth,” Eksteen said.

She said unmarried fathers only obtain parental responsibilities and rights if they comply with the provisions of section 21.

“Consideration should also be taken that other courts, in terms of other laws, such as section 7 of the Domestic Violence Act, may grant an order prohibiting a person to have contact with a minor child if the court finds it in the best interest of the minor child,” Eksteen said.

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