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Fathers’ battles to see their children

By Garry Hertzberg, practicing attorney at Dewey Hertzberg Levy attorneys and the host of The Laws of Life on cliffcentral.com

AS WE all know the divorce rate in this country is about 50 percent, and 50 percent of children in this country grow up without a father.

Death, divorce and moving are rated as the three most stressful situations a person will encounter in their lives.

We all know that there are two sides to every story, and there are mothers and fathers

Throughout history, the father has been portrayed as the breadwinner who supports his family. The mother is stereotypically viewed as the caregiver to their children.

Has this outdated image left the minds of the court when it comes to custody and care battles post divorce?

The good news for fathers is that a judge recently sentenced a woman to 30 days of imprisonment, suspended for five years, for contempt of court after she prevented her ex-husband from seeing their three-year-old son.

It is important to understand that a Divorce Settlement Agreement is an order of the court and the terms of this agreement need to be obeyed. The judge made a powerful point when saying, “It is humanly incomprehensible why one parent would refuse the other parent’s rights of access to their own child.”

Yes, justice was served but this justice is quite pricey.

Not only do fathers have to budget for maintenance after a divorce, but also for the legal fees which are needed to get access to their children. The average attorney will charge between R1 500 and R2 000 per hour.

On the one hand, we have stories of children who have been abandoned by their father and, on the other hand, we have fathers who desperately have to get past their ex to see their child.

Many children see their fathers as a superhero. This is why the Fathers for Justice Organisation often protest for the rights of fathers wearing superhero costumes.

The sad truth about these custody and care battles is that children become pawns. Mothers and fathers are often hurt and heartbroken after a divorce and their clouded judgement impacts on the way in which they treat their children. The judge in the above-mentioned case also stated, “Courts will never allow parents to use children as pawns.”

One can only hope that many more cases such as this will help fathers have a fair amount of contact and care with their precious children after a divorce.

You may also be interested in Desperate mother’s plight

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