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Parents' rights to see their children


Although the parent who has not been awarded care of the children has the right of contact to them, this right frequently leads to disputes. In many instances, the court will stipulate that the parent who is not awarded care should have reasonable contact to the children, and leave the arrangements to the parties. Even where the court makes no mention of contact, however, the parent who is not awarded care is entitled to reasonable contact with his or her children.

In terms of section 35 of the Children's Act any person who has care or custody of a child in terms of a court order or parental responsibilities and rights agreement and refuses another person, who has access to that child or parental responsibilities and rights in respect of that child contact with that child or prevents that person from exercising those rights is guilty of an offence. If that person is convicted for such an offence they will be liable for a fine or imprisonment for no more than one year.

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