Introduction: Family Law Myths – Separating Fact from Fiction
- Myth: “He should just write off the kids…”
- Fact: Parental rights and obligations can be discussed, but the child’s welfare remains paramount. There is not really a thing such as writing off your child. Parents can come to a mutual agreement that one parent will be the sole holder of parental rights and obligations and can further agree to waive any maintenance obligations, however this will still have to be approved by the Family Advocate and the Court before it is made an Order of Court. Even in extreme cases, the Family Advocate and Courts are not inclined to give an order which would take away a person’s parental rights and obligations. The reason for this is simple… it is called the CHILDREN’S ACT for a reason. It is the child that has the right to care and contact with both parents and the child who has a right to maintenance.
- Myth: “He doesn’t get to see the kids if he doesn’t pay maintenance…”
- Fact: Custody and financial support are separate matters. It is the child that has the right to care and contact with both parents and the child who has a right to maintenance. Discover why access to both parents is crucial for a child’s well-being.
- Myth: “Abandonment for longer than 6 months means no contact with the kids…”
- Fact: Children have the right to contact with both parents. Again people, say it with me… It is the child that has the right to care and contact with both parents! Even if a parent has not seen his/her child in a long time, it remains the child’s right to see his/her parent. The Family Advocate and Courts are not likely to refuse contact, although it will probably be required that contact be phased in over a period of time, starting with contact under supervision.
- Myth: “I can enforce my divorce order anytime…”
- Fact: The child’s best interests take precedence. In all aspects regarding children, the most important question will always be “what is in the best interest of the child”. If enforcing your divorce order is not in the best interest of the child, you will not be successful. In most instances, Courts are not inclined to disrupt the status quo of the child. If the child is in a safe environment with a routine that he/she is used to, it should not merely be disrupted, despite what the terms of your divorce order are.
- Myth: “Kids can decide at 12 where they want to stay…”
- Fact: Children’s voices matter, but legal decisions require guardian consent. If both parents cannot agree on where the child’s primary residence should be, you will still have to approach the Children’s Court or the High Court in order to apply for primary residence. An investigation will then follow in which the wishes of the child will be considered and a report filed. Thus, without agreement between the parents, this will still be a lengthy and costly process.
Conclusion: In an ideal world, parents would collaborate and prioritize their children’s well-being over personal differences. Let’s strive for healthier communication and cooperation in co-parenting.