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Refusal to allow the other parent to exercise parental rights.


Picture
A parent should never alienate a child from the other parent. The Act contains certain provisions that aim to prevent one parent from frustrating the exercise of responsibilities and rights by the other parent. Any parent who has care of a child and refuses to allow the other parent to exercise his/her responsibilities and rights contrary to a court order or properly concluded parental responsibilities and rights agreement is guilty of an offence, and will be liable on conviction to a fine or to imprisonment for a period not exceeding one year. In addition, the parent with whom the child lives must notify the other parent in writing of any change to his/her residential address. Failure to do so is considered a criminal offence and is punishable by a period of imprisonment not exceeding one year.

Threatening to lay criminal charges will definitely make a parent cautious about putting barriers in the way of the other parent. However, this is in fact a sledgehammer approach, because the arrest and possible detention of the primary caregiver will not be in the best interests of the child. Another concern is that the parent blocking contact may be doing so with good reason, for example if he/she fears that the other parent may be abusive or has evidence that the other parent abuses alcohol or drugs while the child is in his/her care.
​
Parental Alienation Syndrome is a term that was first used by the late child psychiatrist Richard A. Gardner in 1985. Dr Gardner studied the behaviour of parents involved in custody disputes. He noted that sometimes children align themselves with one parent. While this is natural to a degree, Dr Gardner noticed that in some cases it was extreme to the point of bordering on a physiological disorder. He described this so-called disorder or syndrome as follows: ‘Its primary manifestation is the child’s campaign of denigration against the parent, a campaign that has no justification.

The disorder results from the combination of [either deliberate or unconscious] indoctrinations by the alienating parent and the child’s own contributions to the vilification of the alienated parent.’ Actions that may be regarded as parental alienation include:
​
  • inviting children to make choices about care and contact when in reality they have no choice;
  • telling the child about the gory details of the separation to put the other parent in a bad light;
  • refusing to allow the other parent access to school or medical records;
  • blaming the other parent openly for the breakdown of the family;
  • scheduling activities with the child in the other parent’s contact time;
  • raising the question of changing the child’s name, or suggesting an adoption in the presence of the child;
  • reacting with sadness when the child relates a good story about their contact with the other parent;
  • asking the child personal questions about the other parent’s life;
  • physically or psychologically ‘rescuing’ the child from the other parent when there is no threat to their safety; and
  • listening in to the child’s telephone conversations with the other parent, and sometimes refusing to allow the other parent telephonic access to the child.

Can I suspend the other parent's rights?

Read more

Can I appoint a guardian for my child in a will?

Read more

Parenting during a separation or divorce. 

Read more

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BERTUS PRELLER
​MAURICE PHILLIPS WISENBERG

20th Floor, 2 Long  Street, Cape Town, 8001, South Africa
Telephone: +27 21 419 7115


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Email: familylaw@mpw.co.za
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Twitter: @bertuspreller

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  • Home
  • Divorce
    • The Divorce Process in South Africa
    • Rule 41A Mediation
    • The Marital Property Regimes >
      • Marriage in Community of Property
      • Marriage out of community without accrual
      • Marriage out of community with the inclusion of the accrual
      • Universal Partnerships
      • Register Antenuptial Contract Online
      • Changing your matrimonial regime.
    • Division of Assets at Divorce >
      • Forfeiture of Assets in a Divorce
    • Evicting your spouse divorce
    • Retirement Funds and Divorce
    • Living Annuities
    • Hiding Assets in a Divorce
    • Trusts and Divorce >
      • Can I hide assets in Trust?
    • Divorce a Missing Spouse
    • Adultery and Suing a Third Party
    • Domicile in Divorce Cases
    • International Divorces in South Africa
    • Expat South African Divorce
    • International Jurisdiction
    • Spousal Visas
    • International Divorce Law >
      • UK Divorce Laws
    • Choosing a Divorce Attorney
    • On-line Divorce
    • Lawyer Fees and Costs
    • Important Aspects of a Divorce
    • Dealing with Emotions During Divorce and Separation
    • Divorce Statistics
    • Divorce Therapy and Counselling >
      • Marriage and Relationship Therapists
    • Rebuilding Your Financial Life
    • Divorce Attorney Cape Town
    • Divorce Polls
    • Ingredients of a successful relationship
    • Uncontested Divorce
    • Uncontested Divorce - What Happens on the Court Day?
  • Maintenance
    • Maintenance Child COVID19
    • Spousal maintenance
    • How to calculate Child Maintenance?
    • Maintenance Defaulters
    • What Happens if you don't pay child maintenance
    • Child Maintenance Frequently Asked Questions
    • Rule 43 Interim Maintenance Pending Divorce >
      • Can I appeal a Rule 43 Order
      • Apply for Costs in Rule 43
      • Financial Disclosure Rule 43
      • Rule 43 Maintenance
    • The Maintenance Manual
    • Grand Parents and Maintenance
  • Children
    • Relocation and Child Abduction >
      • Frequently Asked Questions about Child Relocation
      • Child Relocation to New Zealand
      • International Child Custody Law South Africa
      • Tips on international child custody
    • Unmarried Parents and the Law
    • Parenting Plans >
      • Conflict and dispute-resolution mechanisms
    • The non-custodian parent and contact
    • Appointing a Guardian in a Will
    • Introducing a new partner to your child
    • Refusal of Contact
    • Vaccinating Children Covid-19
    • Suspending Parental Rights
    • Parental Alienation >
      • Alienating Children
      • Parental Alienation Imprisonment
    • Facilitation
    • Living Arrangements
    • Joint decisions about your child
    • Paternity Disputes
    • The Family Advocate
    • Parenting during separartion
    • Children's Act 38 of 2005
  • Abuse
    • Domestic Violence Amended Bill
    • Gender Based Violence in South Africa
    • Domestic Abuse Forms
    • Evicting a Spouse
    • Domestic Violence Corona Virus
    • Divorcing an Abusive Spouse
    • What is Coercive Control?
    • What is Emotional Abuse
    • What is Sexual Abuse
    • What is Financial Abuse >
      • Economic Abuse
    • What is Stalking
    • What is Verbal Abuse
    • What is Spiritual Abuse
    • What is Social Abuse
    • Revenge Porn
    • Interdict Intimate photos
    • Steps to obtain a Protection Order
    • Domestic Violence eBook
    • The Protection Order
    • Who Qualifies for a Protection Order
    • Breaching a Protection Order
    • Questions on Domestic Abuse
    • Signs of an Abusive Relationship
    • Domestic Violence Information
    • Harassment
  • Cohabitation
    • Maintenance and Cohabitation
    • Sample Cohabitation Agreement
    • Engagement and the law
    • Formalities for marriage in south africa
  • Same Sex
  • Family Law eBooks
  • Family Law Links
    • The South African Court System
    • Court Rolls
    • Family Law Legislation
    • Family Law Blog
    • New Family Law Cases
    • Family Law Matters
    • Register for the Online Family Law Course
    • Online Family Law Education
  • About the Author
  • Contact
  • Charities