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In principle, anyone may apply for access to a child, provided that the applicant can show that access would serve the child’s best interests.
If the parents of a marital child do not live together, the non-custodian parent continues to share parental responsibilities and rights and has a prima facie claim to contact (access).
Rights of a parent without custody
Where parents do not live together, access serves to promote a continuing parental relationship between the non-custodian parent and his or her child
The Children’s Act of 2005 defines 'parental responsibilities and rights’
What are your rights if you live on one continent and your ex wife (or girlfriend) and your child live on another?
There is nothing in our common law to indicate that anyone has an inherent right of access to a minor child other than the biological parents of a child.
The Convention's main object is to enforce rights of custody over a child who has been wrongfully removed to or kept in a foreign country in breach of those rights and to secure the prompt return of the child to South Africa.
Although contact times depend on circumstances, the Family Advocate has made these recommendations
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