Tel: +27 11 837 0239 

Access For Fathers 

We have assisted many fathers who were concerned about or had issues regarding the extent of a father’s rights in respect of his child (born out of marriage ). If however, you are going through a divorce , the issues of access and custody are usually dealt with in the settlement agreement. For further assistance if you are getting divorced, view our section on MARRIAGE AND DIVORCE and make an appointment with our offices.

Up until very recently father’s rights relating to the access of their children was very limited and almost a privilege , however with the new laws that have been passed , the father has a legal right to access that is enforceable by law. The facts that all fathers need to be aware of are namely:

  • Every father has a lawful right to have access to their biological child.
  • It is in the child’s best interests, to have contact with their father and it is imperative during their growth and development for this right to be implemented.
  • No person has a right to deny access to a father, unless it is proved , that the child’s best interests would necessitate not having contact with their father. Non payment of maintenance doesn’t justify refusing access to a father.
  • The access has to be reasonable to all parties concerned, and must not interfere with the child’s education.
  • When an application for access is brought to court, family advocates are appointed and their primary objective is to consider the best interests of the child. After they have carefully evaluated the child they usually prepare a report weighing all options that is suitable to all parties concerned
  • Don’t let precious time pass you by, don’t be subject to the emotional turmoil from being denied the opportunity to have contact with your child. Don’t let emotions and personal clashes get in the way of having a meaningful relationship and contact with your child.

    Let us assist you by obtaining a court order granting you access to your child. Enable us to relieve your burden and secure your legal rights. We have been very successful in obtaining court orders, allowing our client’s to have access to their children , at specified times that was suitable to all parties concerned.

    For detailed up to date legal advice on your specific situation and to set up an appointment, contact us.

    Scenario dealt with by our offices 

    (The Names used in the example are Fictitious).
    Jacob (30 years old, father of illegitimate son aged 2 years)
    Jacob (30 years old, father of illegitimate son aged 2 years) - Jacob had been in a relationship with his girlfriend for a three year period. They had been living together for two years and Dino was born out of such relationship. Two years had elapsed and the relationship deteriorated and Jacob was forced to terminate their relationship. Jacob’s biggest concern was his child, Dino, as their breakup was not on amicable terms. - We assisted Jacob by way of a High Court application for reasonable access to be granted with respect to Dino. The stipulated times were specified on the order. We reassured Jacob that at any given time should he be denied access , the order would serve as a tool for him to enforce his rights of access. He left our offices feeling quite confident with the outcome.