SCHNEIDER GALLOON REEF & CO - EST 1979
B.B.B.E.E. Status | Level 1
A father’s overdue battle to gain equal access to custody over his minor children sees light at the end of the tunnel.
– by Cleo Stockenstroom
The past few weeks have been stellar for the practitioners at Schneider Galloon Reef and Company, even more so for one of our longstanding clients, a father, who has rightfully after a period of nearly 2 years, finally been awarded equal rights to care and contact with his minor children.
Divorces themselves may be lengthy, costly and acrimonious when departed on, especially in instances when the parties share minor child(ren). In order to combat issues in dispute when seeking divorces, parties are often encouraged to enter into parenting plans in respect of their child(ren) which, in most instances, shall be applicable up until the minor child(ren) reach the age of majority. This is usually done by mutual agreement between the parties and incorporated into a court order. However,in many instances, one of the parties is left with less bargaining power regarding care and contact of their minor child(ren) as even though the Children’s Act provides the framework which allows for either parent to be awarded the primary caregiver. Fortunately, parenting plans are not set in stone and may be varied by way of application to the relevant court wherein it was made an order. The importance of parties being afforded the opportunity to vary parenting plans is an integral part of Family Law as it is more often than the needs of the child(ren) as well as their relationships with each parent may evolve over time.
In the instance of our client, a divorce order, incorporating a parenting plan pertaining to his two minor children had been endorsed and applicable since 2019 during which time the minor children were as young as 9 years of age. The divorce order provided that our client was merely to have access by way of 3 nights of sleepovers over a 2-week period as well as reduced daily contact. In 2021, an urgent application which spiralled into a 19 month battle resulting in our client’s eventual victory of equal care and access to his two minor children. In our view, justice as well as success regarding this matter is quantified by the fact that both the minor children in this instance shall be afforded the opportunity to have equal, shared, daily, physical, emotional care as well as maintenance by both parents.
The past few weeks have been stellar for the practitioners at Schneider Galloon Reef and Company, even more so for one of our longstanding clients, a father, who has rightfully after a period of nearly 2 years, finally been awarded equal rights to care and contact with his minor children.
Divorces themselves may be lengthy, costly and acrimonious when departed on, especially in instances when the parties share minor child(ren). In order to combat issues in dispute when seeking divorces, parties are often encouraged to enter into parenting plans in respect of their child(ren) which, in most instances, shall be applicable up until the minor child(ren) reach the age of majority. This is usually done by mutual agreement between the parties and incorporated into a court order. However,in many instances, one of the parties is left with less bargaining power regarding care and contact of their minor child(ren) as even though the Children’s Act provides the framework which allows for either parent to be awarded the primary caregiver. Fortunately, parenting plans are not set in stone and may be varied by way of application to the relevant court wherein it was made an order. The importance of parties being afforded the opportunity to vary parenting plans is an integral part of Family Law as it is more often than the needs of the child(ren) as well as their relationships with each parent may evolve over time.
In the instance of our client, a divorce order, incorporating a parenting plan pertaining to his two minor children had been endorsed and applicable since 2019 during which time the minor children were as young as 9 years of age. The divorce order provided that our client was merely to have access by way of 3 nights of sleepovers over a 2-week period as well as reduced daily contact. In 2021, an urgent application which spiralled into a 19 month battle resulting in our client’s eventual victory of equal care and access to his two minor children. In our view, justice as well as success regarding this matter is quantified by the fact that both the minor children in this instance shall be afforded the opportunity to have equal, shared, daily, physical, emotional care as well as maintenance by both parents.
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