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Unmarried Fathers Right To Access To Their Children

Commission for Gender EqualityRef: https://cge.org.za/unmarried-fathers-right-to-access-to-their-children/

Official source

Source domain: cge.org.za

Collected on 1 August 2026

Always confirm details on the official source before acting.

Our copy (archived 1 August 2026)Official source

What this means

This is an Opinion Piece by the Commission for Gender Equality (CGE) titled “Unmarried Fathers’ Right to Access to their Children.” It explains that South African law (notably the Children’s Act and the Constitution) recognises fathers’ rights and responsibilities to care, protection, and involvement with their children, and that a child’s best interests are paramount. It states that an unmarried father cannot be denied access by withholding maintenance, and that a parent with custody cannot unilaterally withhold a child from the other; where access is unreasonably denied, the aggrieved parent may approach the court to enforce access, with contempt of court risks. The piece cites 2024 and 2022 Pretoria and Johannesburg High Court cases where mothers were sentenced to imprisonment (some suspended) for repeatedly defying court orders granting fathers access.

Facts

Places

City of Tshwane, City of Johannesburg, Gauteng

Reference

https://cge.org.za/unmarried-fathers-right-to-access-to-their-children/

Key Takeaways

  • Document title: “Unmarried Fathers’ Right to Access to their Children”
  • Source/authoring body: Commission for Gender Equality (CGE)
  • Legal basis cited: Children’s Act and Constitution of South Africa (Section 28(2))
  • Core principle: child’s best interests are paramount in matters concerning the child
  • Claim: unmarried father cannot withhold maintenance to enforce visitation
  • Claim: parent with custody cannot unilaterally withhold the child from the other even without a parenting plan/court order
  • Enforcement: aggrieved parent may approach the Court to enforce access if access is unreasonably denied
  • Consequence: risk of contempt of court for unreasonably denying access where court orders exist
  • 2024 Pretoria High Court: mother sentenced to 12 months’ direct imprisonment for repeatedly defying two court orders granting father access
  • 2022 Pretoria High Court: mother and maternal grandmother sentenced to 30 days’ direct imprisonment (suspended) if they comply with court orders allowing father to contact 7-year-old daughter
  • 2022 Johannesburg High Court: mother given 30-day suspended prison sentence for refusing ex-husband access, keeping children out of school, and refusing phone communication
  • Commission for Gender Equality (CGE)
  • Thokozani Dladla
  • Keneilwe Mokalane
  • Pretoria High Court
  • Johannesburg High Court
  • Constitution of South Africa
  • Children’s Act
  • Gauteng Office (CGE reference in page content)
  • Department of Transport (mentioned in social media snippet)