A mother was sentenced to 45 days in prison for refusing her child’s father access. On Kaya FM, Advocate Brenda Makganyoha, Principal Family Advocate for Gauteng Province, put further light on the situation.
Section 35 of the Children’s Act, according to advocate Brenda Makganyoha, has been in place for quite some time. Anyone who rejects a mother or a person with parental obligations and rights may face “hefty fines or even imprisonment,” she says.
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The judiciary, on the other hand, has been hesitant to implement this section. Why, you might ask? “Because of the notion that the children suffer because the person who always stays with them would be jailed, and they suffer.”
Currently, as a result of the growing trend of moms refusing fathers access to their children and failing to consider the children’s best interests in favour of their own, “The judges are now enforcing Section 35 because of the number of mothers who are refusing fathers access to their children,” explained Adv. Makganyoha.
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She emphasizes that this should be a warning to mothers that it isn’t just about them. “The fathers are there as well, and they can take care of the child. We are from an era where mothers were preferred over fathers. But we are starting to see more and more fathers step up. They want to be involved in their children’s lives. There have been instances where fathers got custody of the child and mothers got visitation rights,” said Adv. Makganyoha.