Initially no guidelines were given to parents, if in fact they are allowed to exercise contact rights with their minor children, during the lockdown period.
On the 7th of April 2020 an amended Regulation Gazette was published to shed some light on this issue. According to the Regulation divorced parents or co-holders of parental rights and responsibilities are allowed to exercise contact rights if they possess a:
a. Court Order; or
b. Parental plan or agreement that was registered with the office of the Family Advocate; or
c. And provided that both parents and the children are healthy, have not contracted the COVID-19 virus and do not show any symptoms of the said virus.
The Regulation further requires the parent who travels with or transports the children to the other parent, to have in their possession the original Court Order or Parental plan or a certified copy thereof.
It is however advisable to also have identification documents in your possession, for identification purposes during travelling.
On the 16th of April 2020, a further amendment to the Regulation was published by Government, to include the following:
a. Movement of minor children from one parent to the other will also be permitted if the parent is in possession of the child’s or children’s birth certificate(s) or a certified copy thereof, to prove a legitimate relationship between the parents or co-holders of parental rights and responsibilities and the child/children.
The recent amendment is applauded, seeing that parents without a Court Order or Parental plan registered at the office of the Family Advocate are now also permitted to exercise contact with their children, during the lockdown period.
The final consideration will always be what is in the best interest of the minor child? If movement during the lockdown period poses any risk to or parents are uncertain if they have contracted the COVID-19 virus, the children should rather stay with the parent who is healthy. The other parent should under these circumstances exercise contact by means of electronic communication.
If you do not possess either a Court Order or Parental Plan registered at the office of the Family Advocate or Birth Certificate(s) of the child/children concerned, you are not permitted to move the children from one parent to the other. Contact rights should in these circumstances also be exercised by means of electronic communication.
Kindly do contact me at sue-mari@dupwest.co.za, should you have any questions or need assistance in this regard.