Gary, get yourself on over to
www.section35.co.za - we can help you there.
What your ex is doing is
WRONG! It's
ILLEGAL! And
she can actually go to jail for it.
It's all taken care of by Section 35(1) of the Children's Act - which states, inter alia, that ANYBODY who stops a child from having free and unfettered access to BOTH parents, is in contravention of the law, and liable to a fine of R20,000-00 or a year in jail.
There has already been a woman found guilty of contravening this section of the Children's Act, one Jacqueline Simone Miller, the vindictive, petty, vengeful and obstructive ex-wife of one John Donald Hepburn, a man to whom ALL responsible and law-abiding parents in South Africa owe a vote of thanks.
Have a look at CASE NO. 15732/07 of the High Court of South Africa for further information. If you can't find it elsewhere, it is available as a download for members of
www.section35.co.za Sadly, the sentence of R20,000-00 was suspended for five (5) years. But it is still a landmark decision for ALL divorced parents - it proves that the new Children's Act has teeth.
It is important for EVERYBODY to realise that the law now specifically states that ALL parents have equal rights and responsibilities with regard to their children - in other words, the old rule of 'maternal preference' no longer applies.
A word of warning: do NOT, EVER, sign any document with regards to your children and access without making sure it conforms to the provisions of the new Children's Act - most attorneys are too lazy to have familiarised themselves with the new laws, so it's up to you.
Get to know every single word of the new Children's Act - especially section 35 - better than your own home phone number.
And again, if you can't find a copy elsewhere, mosey on over to
www.section35.co.za - it's available there as a pdf download.
See you there!