A recent news article made mention of a parent resorting to standing outside a former partner’s workplace every day in a desperate attempt to gain access to their childs custody.
Under South African law this behaviour is seen as an illegal protest. And yet, what other possible recourse was available?
The breakdown of a relationship to this degree is lamentable, but, putting aside sentiment for the moment, what is the legal standing in such a case?
Thanks to decades of law dramas on our televisions it is generally thought that one parent has a stronger hand than the other in these situations– but under South African law it is a far more complex question.
Where the relationship is not ended amicably, and where no agreement for the care and contact with the child has been concluded, the law requires each parent’s rights to be weighed equally.
With all this in mind it is ever more imperative, in these complex times, to have an attorney capable of understanding the realities of the situation, and who can bridge the knowledge gap with the recognition of the sensitivities of the issue.