In many cases, disputes arise when one parent withholds contact between the minor children and the other parent. The natural reaction might be to withhold maintenance in response, but it’s important to understand that these two aspects – contact and maintenance – are treated separately under the law.
Can I refuse to pay maintenance if I am refused contact with my minor children?
The short answer is no. Maintenance and contact pertaining to minor children are two separate aspects of the Children’s Act. Every parent is obliged to pay maintenance to their children. If you are not in a position to pay the maintenance amount that was included in a Court order, you can approach the maintenance Court and request a reduction in the maintenance amount due to a change in circumstances and/or financial position. But, in the same instance, every parent also has the right to contact with his/her minor children.
What are my remedies when I am deprived of contact with my minor children?
Depending on the facts of your case, there are several remedies at your disposal. One of these remedies is to approach the Children’s Court to request the Court to grant you with contact with the minor children. The Court will consider your unique set of facts and make an appropriate order.
Since the Children’s Act specifically requests that a non-confrontational approach be followed, we almost always first opt to send an amicable letter to the opponent wherein we request that contact (and/or the status quo) be reinstated. Sometimes, this is a helpful first step to follow and the parties can reach a settlement without having to approach the Court. Alternatively, if this fails, we assist parties to approach the relevant Court and attach a copy of the letter proving that a non-confrontational approach was first followed and unfortunately failed.
By Isabel van den Ende | Senior Associate
