When a divorce is finalised, parenting arrangements are often formalised via a court order, particularly where a divorce is not amicable. However, sometimes the parent with primary custody takes matters into their own hands and denies the other parent access. If they do this, they may be found in contempt of court.
The Children’s Act states explicitly: Any person having care or custody of a child who, contrary to an order of any court or to a parental responsibilities and rights agreement that has taken effect as contemplated in section 22(4), refuses another person who has access to that child or who holds parental responsibilities and rights in respect of that child in terms of that order or agreement to exercise such access or such responsibilities and rights or who prevents that person from exercising such access or such responsibilities and rights is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.
If your ex-spouse is refusing you access to your child, or if you feel you have been alienated from your child, we can review the parenting arrangements and bring a contempt of court charge if appropriate. Contact SD Law for more information.