Dr Samantha Smith is STBB's chief Content Writer and Legal Editor. She graduated with a BSocSci, LLB, LLM, and PhD (Law) from the University of Cape Town. Skilled in socio-legal analysis, critical thinking, and creative and technical writing, she previously worked in investigative legal research, with a special focus on animal law and environmental policy. As of February 2024, Samantha handles all STBB content. This includes brainstorming and writing all social media, newsflashes, newsletters, digital and print advertisements, magazine articles, and all webinar and podcast write-ups. Additionally, she attends to tenders and proposals, legal updates and presentations, biographies, brochures, information sheets, content for special projects, and various other digital publications and communications.

Pulse | Practical guidance: Navigating contact disputes as a single father

For single fathers, manoeuvring child contact disputes can be challenging, particularly when the children are aged three and under. However, staying actively involved in your children’s lives, understanding your legal rights and obligations, and approaching the matter strategically is essential to achieving a fair and workable contact arrangement that prioritises your children’s best interests.

Understand contact plans

Before negotiating shared contact of your minor children, provide a detailed suggested plan that accommodates everyone’s needs and schedules. In anticipation of this, it is necessary to familiarise yourself with the most common 50/50 contact plans to determine which work best for you, the other parent, and your children. These include the week-on/week-off, 2-2-5-5, 3-4/4-3, and 2-2-3 plans.

Always put your children first

Under South African law, the ‘best interests of the child’ standard is of ‘paramount importance’ in all matters concerning minor children and guides the operation of the Children’s Act. Beyond this legal requirement, it is imperative to prioritise the emotional, physical, and psychological needs of your children above any lingering or ongoing conflicts with the other parent.

Avoid mud slinging

Unless the other parent’s behaviour conflicts with the best of interests of your children, avoid diminishing or criticising them, wherever possible. Instead, focus on your positive qualities, dedication to your children, and willingness to work with the other parent to facilitate a harmonious co-parenting arrangement. Crucially, refrain from using your children to convey information to the other parent.

Maximise contact

Make the most of the time you have with your children. Avoid rescheduling and always remain punctual. Visit new attractions and participate in interactive activities. In the event of an emergency, special occasion, or scheduling oversight, readily accept the other parent’s invitations to look after your children during their time. Keep a note of these instances.

Separate child maintenance from child contact

Under section 18 of the Children’s Act, a parent’s right to contact with their children is distinct from the legal obligation to furnish child maintenance in accordance with their financial means. As such, refrain from conflating these two concepts in an attempt to increase visitation or contribute less to your children’s care.

Appoint a skilled family law attorney

At STBB, our family law attorneys have the skills and experience to manoeuvre the legal intricacies of child contact disputes. Acutely aware of the multi-layered dynamics of familial relationships, our attorneys understand the necessity of achieving a fair and appropriate co-parenting arrangement as quickly and efficiently as possible.

For expert legal assistance you can trust, contact our family law specialists at familylaw@stbb.co.za today.

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