In an article posted in 2016, the contact and access to children of a non-resident spouse was investigated. In this blog, we look at this subject from a South African perspective.
This article is very interesting, in that the UK laws mirror South African law to a large extent.
In both South African and UK law, as is apparent from this article, certain sanctions or penalties may be imposed on a party who refuses to comply with a court order granting contact and access to a non-resident spouse.
In both South African and UK law, it appears to be a requirement that a court order must first be in place before the sanctions can be imposed.
In South African law, the principle referred to is civil contempt of court. In terms of such contempt, a guilty party may be liable to receive a fine or to be committed to imprisonment upon the application of the wronged party.
In South Africa we do not seem to take it as far as what appears to be happening in the UK at the moment, but writer is of the view that the confiscation of passports, and so forth, may be something which could surface in our law in the coming years, particularly in light of our strict laws pertaining to taking children out of the Republic.