Legal Term for When One Parent Keeps a Child from the Other Parent
When parents separate or divorce, disputes over child access and custody can arise. One common issue is when one parent deliberately prevents the other from spending time with their child. Understanding the legal term for this and the potential consequences is crucial for protecting parental rights and the best interests of the child.
Explaining Custody Interference and Parental Alienation
When one parent intentionally prevents the other from seeing their child, the situation is often referred to as custody interference or parental alienation. These actions can include:
- Denying visitation without legal justification
- Failing to communicate about the child’s whereabouts or schedule
- Encouraging the child to reject the other parent
- Relocating the child without consent
Legal Implications of Custody Interference
South African law takes the best interests of the child seriously. Interfering with a co-parent’s access rights can have serious consequences. Courts may:
- Modify custody or visitation arrangements
- Order supervised visitation
- Impose penalties on the offending parent
- Consider the interference when determining future parenting plans
Signs You Might Be Facing Custody Interference
Recognising custody interference early can help in taking timely legal action. Signs include:
- Missed or denied visitation appointments
- Lack of communication regarding the child’s schedule
- Emotional manipulation of the child against the other parent
- Refusal to share information about the child’s wellbeing or location
Steps to Address Custody Interference
Taking proactive measures is essential to protect your parental rights:
- Document Everything – Keep a record of denied visits, missed calls, or instances of interference.
- Seek Legal Advice – Experienced family law attorneys can guide you through court procedures and your options.
- Mediation and Parenting Plans – Courts often encourage negotiation and structured parenting plans to resolve disputes.
- Court Action – If interference continues, legal proceedings may be necessary to enforce visitation rights and protect the child’s welfare.
FAQs
Q: Is preventing a parent from seeing their child illegal?
Yes, deliberately denying court-ordered visitation or custody rights can be considered unlawful and may have legal consequences.
Q: What is parental alienation?
Parental alienation occurs when one parent manipulates a child to reject the other parent, often as part of custody interference.
Q: Can the court change custody because of interference?
Yes, courts may modify custody or visitation arrangements to protect the child’s best interests.
Q: How can I prove custody interference?
Keeping detailed records, messages, and witness statements can help demonstrate a pattern of denial or manipulation.
Protect Your Parental Rights Today
If one parent is preventing you from seeing your child, timely legal action is essential. JA Attorneys specialize in family law and can help enforce custody agreements, protect your parental rights, and ensure the child’s best interests are prioritised.
Contact JA Attorneys now to safeguard your relationship with your child and get expert legal support.
Contact JA Attorneys Attorneys and Book a Consultation Today.
For immediate legal assistance across South Africa, speak to one of our experienced attorneys by contacting us on the number below:
JA Attorneys Head Office call: 011 483 2741.