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| Posted By: |
Greg on 2010-05-01 09:59:30 (Report this Post) |
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| Subject |
Access |
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I have a ten, turning eleven this year, old son who lives with his mom. I see him every second weekend, Fri to Mon morning and Wed afternoons. My question is: does a daily telephone call on the days that I don't see my son constitute a portion of fare access or does the "interference" that this would cause his mom warrant her dis-allowing this contact? I have not bought my son a cell phone as this is against my conviction however I still am not sure if his mom would allow telephone access even if I did. She has said that I can call him only on the Tue and Thur's of each week but nothing over her weekend unless it's an emergency and I get consent from her first via sms. The problem is that her phone is off for the majority of the weekends. I have told her that she is welcome to call our son over my weekend each day and that I encourage that. He too knows that he can use my phone to call his mom.
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Posted on: Fathers-4-Justice South Africa - http://www.f4j.co.za/ - IP Address Logged |
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| Reply Posted By: |
Charles on 2010-05-01 11:58:22 (Report this Post) |
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| Subject |
RE: Access |
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My personal opinion is that she is being unreasonable - people like Gary (P.R. of F4J) have a more legally-based/informed opinion, but in my own case, I had the same problem. When my attorney challenged his mother on the issue, stating that 'reasonable access' means allowing phonecalls too, my ex-wife retaliated by moving to Cape Town.
Luckily, thanks to the new Children's Act, you are in a far better position than I was 15 years ago. Your ex-wife cannot legally get away with that kind of child abuse, purely to get back at you.
Here's the thing - if his friends can phone him any time they want, and her parents can phone him any time they want, and when he's with you, your ex-wife can phone him any time she wants, why are you not afforded the same reciprocal courtesy?
Like I said, check with Gary and the other guys who have lots of experience, but I'd say you have a good case for mediation under the new Act.
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Posted on: Fathers-4-Justice South Africa - http://www.f4j.co.za/ - IP Address Logged |
