Cape Town Law Office DADS -SAPS AND ACCESS | Rob Green and Associates

DADS -SAPS AND ACCESS

What to do when access is denied -  the role of the police

I often get calls either from the father, the mother or either a police officer where access has been denied and the traumatized parent cannot access his or her child.

In the bad old days before the children’s act this would be of particular concern to the biological father without a Court order regarding the access, or where the father who had “reasonable access” had been denied  same by the mother on the pretext that it was not reasonable. Thank god things have changed as have attitudes, by and large, of the South African police services.

We now refer to Contact which refers to a parent’s rights and privileges to see, visit and spend time with the child (access in old terms) the purpose of which is to ensure the fundamental relationship between the parent and child is fostered and promoted.

Where the couple is still married both the parents have equal inherent automatic rights, duties and responsibilities towards their children which includes at least “reasonable” contact rights.

In other circumstances for the SAP to act where contact has been refused, 3 criteria need to be present :

1.       A court order (either High, Magistrate’s, Family, Divorce Court or a Family Advocate’s Office letter/order) granting contact and other rights in terms of Section 21. i.e. an unmarried biological parent who fulfils certain criteria in terms of act.

2.       It has/was duly served in the prescribed manner (a court Stamp on any of the orders is proof of this). The investigating officer/members should refer to the local control prosecutor at the first court appearance if in doubt with this point, but this uncertainty must not interfere with or delay the below mentioned steps to be followed.

3.       The non compliant party (usually the mother) has failed to comply with the order by not making the child available to collect, or refused telephonic contact, refused school reports, refused attendance at the children’s schools, is unaware of the children’s present residence and location ..Etc)

Tagged with:
Posted in Family Law, Uncategorized
88 comments on “DADS -SAPS AND ACCESS
  1. Interesing article thank you!

  2. I love your blog.. very nice colors & theme. Did you design this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to design my own blog and would like to know where u got this from. appreciate it

  3. This design is spectacular! You certainly know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Excellent job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  4. Thanks for this excellent article. One other thing is that almost all digital cameras arrive equipped with any zoom lens that permits more or less of that scene to be included simply by ‘zooming’ in and out. These types of changes in concentration length are reflected inside viewfinder and on substantial display screen right at the back of your camera.

  5. You made some nice points there. I did a search on the subject matter and found most individuals will approve with your website.

  6. Oh my goodness! a tremendous article dude. Thank you Nevertheless I am experiencing issue with ur rss . Don’t know why Unable to subscribe to it. Is there anyone getting equivalent rss problem? Anyone who knows kindly respond. Thnkx

  7. Thanks for this article. I would also like to mention that it can be hard while you are in school and just starting out to create a long credit ranking. There are many students who are simply trying to survive and have an extended or favourable credit history are often a difficult point to have.

  8. Ken Schiefen says:

    Pretty proper subdivision. I just came across your web site and wanted to tell that I have actually enjoyed reading your opinions. AnyhowI’ll be coming back and I hope you post once more soon.

  9. I the efforts you’ve put in this, appreciate it for all of the excellent posts .

  10. I’m impressed with this web site , very I am a fan .

  11. Reinaldo says:

    cool thanks for reis posting! btw are there feeds to your weblog? I’d adore to add them to my reader

  12. This site is mostly a stroll-by means of for all of the data you needed about this and didn’t know who to ask. Glimpse here, and you’ll undoubtedly uncover it.

  13. You’ve got observed extremely interesting details ! ps decent internet internet site .

  14. hello!,I actually like your writing really a good deal! percentage we maintain up a correspondence extra about your write-up on AOL? I want an expert on this location to unravel my issue. Might be that is you! Taking a appear forward to peer you.

  15. iphone 4s says:

    Great article, totally what I was looking for.

  16. Wow, awesome blog format! How long have you been blogging for? you make running a blog glance easy. The total glance of your site is magnificent, let alone the content!

  17. Hey! This is my first visit to your blog! We are a team of volunteers and starting a new initiative in a community in the same niche. Your blog provided us valuable information to work on. You have done a wonderful job!

  18. Clownfish says:

    A really exciting go by means of, I may possibly not agree completely, but you do make some actually legitimate factors.

  19. We absolutely love your blog and find nearly all of your post’s to be what precisely I’m looking for. Would you offer guest writers to write content for you? I wouldn’t mind producing a post or elaborating on some of the subjects you write in relation to here. Again, awesome web site!

  20. I simply couldn’t go away your web site before suggesting that I actually enjoyed the usual information a person provide on your guests? Is gonna be back ceaselessly to check up on new posts

  21. Unquestionably consider that that you said. Your favourite reason appeared to be on the internet the easiest thing to have in mind of. I say to you, I certainly get irked while people think about worries that they just do not understand about. You managed to hit the nail upon the highest as smartly as outlined out the entire thing without having side effect , other people could take a signal. Will likely be again to get more. Thank you

  22. Attractive section of content. I just stumbled upon your website and in accession capital to assert that I get actually enjoyed account your blog posts. Anyway I’ll be subscribing to your feeds and even I achievement you access consistently fast.

  23. rocking says:

    Hey very nice site!! Man .. Excellent .. Amazing .. I will bookmark your website and take the feeds also…I’m happy to find a lot of useful info here in the post, we need develop more techniques in this regard, thanks for sharing. . . . . .

  24. From my observation, shopping for technology online may be easily expensive, however there are some tips that you can use to acquire the best things. There are generally ways to locate discount deals that could help to make one to come across the best electronic products products at the cheapest prices. Good blog post.

  25. Hello there, just become alert to your blog via Google,my site is http://www.chilggoooto.com

  26. I loved as much as you will receive carried out right here. The sketch is tasteful, your authored subject matter stylish. nonetheless, you command get bought an shakiness over that you wish be delivering the following. unwell unquestionably come further formerly again as exactly the same nearly a lot often inside case you shield this hike.

  27. cuffie dj says:

    Hi!This is really a good post!

  28. canon t2i says:

    It¡¯s really a great and useful piece of information. I am glad that you shared this helpful info with us. Please keep us up to date like this. Thank you for sharing.

  29. rocking says:

    Good blog! I truly love how it is easy on my eyes and the data are well written. I am wondering how I could be notified when a new post has been made. I have subscribed to your RSS which must do the trick! Have a great day!

  30. Aw, it was a very good post. Inside thought I would like to place in producing such as this in addition : taking time and also true hard work to produce a very good article… but what can My partner and i say… My spouse and i put things off a large amount and also by simply no signifies appear to go accomplished.

  31. Elroy Hutyra says:

    well thought out post. Thanks for the share.

  32. The field of medical science is overjoyed since the discovery of the wonder drug to grow taller named l-argenine and l-orthinine. It truly is proclaimed by doctors that it really is a secure and tested drug that helps in curing many hazardous disease. The most effective part about this drug is that you can find no side-effects and that parts of the ingredients are found in plants and the other half inside seafood (oyster shells). Now there finally seems to be and end to shortness of heigth.

  33. like the graphics of the site. Looks like a theme I’m using.

  34. Marcel Huska says:

    An interesting dialogue is worth comment. I believe that you need to write extra on this subject, it may not be a taboo subject however usually individuals are not enough to speak on such topics. To the next. Cheers

1 Pings/Trackbacks for "DADS -SAPS AND ACCESS"
  1. mistyka says:

    Recent Blogroll Additions…

    I saw this really great post today….

Categories
Administrative Calendar
March 2011
M T W T F S S
« Feb   Apr »
 123456
78910111213
14151617181920
21222324252627
28293031  
fambroughjazmine@mailxu.com freehoffer.lavern@mailxu.com