Fathers 4 Justice South Africa: A Unified Stand on Child Maintenance and Equal Parenting

From the Chairman / By / / Alienation of Parents, Child Custody Battles, Family Court Issues, Family law advice, Fathers Help Line, Legal rights for fathers, Parental Alienation Syndrome, parental rights, What Rights does a Father Have

At Fathers 4 Justice South Africa (F4J SA), we believe that not only is it a legal responsibility but child maintenance is the responsibility of both parents, within their financial means. Yet, all too often, maintenance is misused as a weapon—primarily against fathers—forcing them to “buy” time with their children. Lawyers and the family court system in South Africa frequently exploit maintenance as a bargaining tool to coerce fathers into agreeing to unrealistic, unaffordable amounts. This has resulted in countless fathers feeling bullied, berated, and financially destroyed by a system that should, instead, be focused on the best interests of the child.

Maintenance, however, should never be conflated with contact. The right to see one’s child is fundamental and separate from the duty to pay for their upbringing. At F4J SA, we advocate for a fairer, more balanced approach that upholds the principle of equality between both parents in terms of guardianship, care, contact, and maintenance.

The Misuse of Maintenance in Child Custody Disputes: A Critical Analysis

As a leading authority on child maintenance law in South Africa, we must be direct. The financial responsibility of a child falls equally on both parents, within their means. Yet, maintenance is often weaponized, and used as a tool to bully fathers into “buying” time with their children.

It is undeniable: many lawyers exploit maintenance to coerce fathers into accepting amounts that bear no resemblance to reality or affordability. This tactic is not just unfair but also destructive. Maintenance is not and should not be tied to child contact. Likewise, contact should not be withheld based on maintenance.

Fathers must educate themselves on their true maintenance obligations. They need to know what they are legally responsible for and who they should be paying. At Fathers 4 Justice South Africa (F4J SA), we demand a simple principle: automatic 50/50 contact, care, guardianship, and maintenance between both parents. This fairness will reduce maintenance to essentials—school fees, medical aid, clothing, and extracurricular activities.

Far too many fathers, driven by desperation, rush to finalize divorces just to see their children. Why? Because they are denied contact until they agree to outrageous maintenance demands. We acknowledge that some fathers fail to pay maintenance, but we must also consider the context: South Africa’s unemployment rate exceeds 30%, and an additional 30% of employable age persons have given up looking for work, south Africa therefore is sitting with an unemployment rate of 60%. Many are simply unable to financially meet these unrealistic demands.

Further, The financial system in South Africa is broken beyond repair. It is fueled by a destructive mix of government mismanagement, corruption, and woke ideology that has devastated the economy. Unemployed fathers cannot meet their child maintenance obligations. This is not an excuse but a reality. The current system punishes fathers for circumstances beyond their control.

A free-market economy must replace this dysfunctional system. It should criminalize tenderpreneurship and corruption with automatic prison sentences for politicians and officials. Their gross incompetence and mismanagement of funds must carry immediate, harsh consequences. Until we implement these reforms, the economy will continue its downward spiral, leaving more fathers unable to meet their financial obligations.

Being unemployed does not mean a father loses the right to see his children. Lack of payment should never be grounds for denying contact. In our view, if maintenance were removed from the equation, we’d see more children left in the care of their fathers. All too often, maintenance is used for the upkeep of the mother, rather than the child.

We are tired of fathers being financially ruined by litigation that drags on, solely to exhaust their resources. Lawyers, eager to profit, push fathers into signing absurd maintenance agreements that are unsustainable from the start.

South Africa’s maintenance courts are broken. They ignore evidence, neglect affordability, and allow lawyers to bully fathers. I have personally witnessed cases where the courts disregard clear evidence of a father’s inability to pay. This is not justice.

We live in the 21st century. Determining what each parent earns is easy. We must adopt a system that eliminates the bias, intimidation, and destruction caused by these courts. Maintenance should not be used as leverage to restrict contact between fathers and their children. It’s time to end this exploitation.

Detailed Summary of Maintenance Law in South Africa

The legal framework governing child maintenance in South Africa is intended to ensure that children receive the financial support necessary for their well-being. Both parents are required by law to contribute to their child’s needs in accordance with their respective financial abilities. However, in practice, maintenance law often becomes a point of contention, particularly in cases of divorce or separation.

Fathers, in many instances, are bullied into agreeing to high-maintenance payments, with little regard for their actual financial situation. This is exacerbated by legal professionals and a biased court system that frequently prioritizes financial contributions over fair parental contact. Fathers in essence are illegally forced to buy time with their children, which is in direct contradiction of the true maintenance. Consequently, many fathers are left financially strained, while mothers may restrict or deny access to their children if maintenance is not fully met.

Despite the legal obligation of both parents to contribute, the courts often disproportionately place the financial burden on fathers. Many fathers feel that the courts ignore their financial constraints, pushing them into unsustainable agreements that benefit neither the children nor the parents in the long run.

Findings on Child Maintenance Law and Its Misuse

  1. Shared responsibility: Both parents must maintain the child financially according to their means.
  2. Weaponization of maintenance: Maintenance is often used as a tool to force fathers into paying for or buying contact time with their children.
  3. Unrealistic demands: Many fathers are coerced into paying unaffordable amounts by the courts and lawyers.
  4. Contact is not conditional: Maintenance payments should not be linked to the father’s right to contact.
  5. Education for fathers: Fathers need to understand what they are legally obligated to pay in maintenance.
  6. F4J SA demands fairness: We advocate for automatic 50/50 contact, care, guardianship, and maintenance.
  7. Basic needs covered: Maintenance should be limited to school fees, medical aid, clothing, and extracurricular activities.
  8. Desperation during divorce: Many fathers as a direct result of lawyers and the courts bulling them, finalize divorces quickly to gain access to their children, compromising on maintenance.
  9. Unemployment is rampant: South Africa’s unemployment rate exceeds 30%, leaving many fathers unable to meet maintenance demands.
  10. Unemployment does not equal lost contact: Fathers can not lose contact with their children because they cannot pay maintenance.
  11. Courts often disregard affordability: Many fathers are forced into financial ruin by courts that ignore their ability to pay.
  12. Bullying from legal professionals: Lawyers frequently pressure fathers into signing unsustainable maintenance agreements.
  13. Misuse of maintenance: In some cases, maintenance funds are used for the mother’s personal expenses rather than the child’s needs.
  14. Bias in maintenance courts: Courts are deliberately biased against fathers, disregarding evidence of financial incapability.
  15. 21st-century solutions: We should utilize modern systems to accurately determine what both parents earn.
  16. No link between contact and payment: Maintenance should never be a reason to restrict contact between a father and child. this is in actual fact illegal
  17. Parental equality: Both parents must share responsibility equally, ensuring that no parent is overburdened financially.
  18. Economic context matters: The economic downturn and unemployment rates must be considered when determining maintenance amounts.
  19. The middle ground needed: A fair system must be developed that does not financially ruin one parent while benefiting the other.
  20. Legal reforms required: South African family law needs reforms that prioritize the well-being of children without exploiting fathers financially.

Conclusion

Fathers 4 Justice South Africa is committed to ensuring fairness in child maintenance laws and advocating for equal parental rights. The current system in South Africa disproportionately affects fathers, often forcing them into financially unsustainable agreements while denying them the right to see their children.

The law is very clear and as such so are we are clear in our stance: legally maintenance does not equal contact, and contact does not equal maintenance. Both parents must contribute to their child’s upbringing, but this must be done in a way that reflects their financial realities. Automatic 50/50 guardianship, care, contact, and maintenance should be the standard, ensuring that no parent is exploited or excluded.

We call for immediate reforms in the legal system, particularly in maintenance courts, to remove bias and prevent the misuse of maintenance as a bargaining tool. Only by implementing fair, equal, and transparent processes can we ensure that children receive the care and support they need while preserving the rights of both parents.

Contact Information for The Official Fathers 4 Justice South Africa:

For any queries, feel free to reach out via email or WhatsApp.

#fathersrights #equalrights #childrensrights #familylaw #divorce #parentingrights #constitution #familycourt #custody # Fathersparentalrightsandresponsibilities #Fathershelpline #whatrightsdoesafatherhave #childcustody #divorce #law #genderbias #fathersrights #mothers #children #parentingrights #discrimination #familycourt #familylaw #legalreform #socialjustice #equalrights #jointcustody #endbias #reformnow #5050custody #unitethefamily #allfamiliesmatter #fatherlessness #childrensrights #saveoursons #ParentalRights #CustodyRights #CoParenting #LegalAdvice #FamilyLaw #ChildCustody #FatherhoodRights #FalseAccusations #MaintenanceDisputes #LegalFAQs#FamilyLaw #MediationAdvocacy #Fathers4Justice #ParentingPlan #LegalReform #DivorceResolution #CustodyRights #EfficientMediation #LegalAccountability #Curatorpersonae #familyadvocatejohannesburg #childcustody #advematheofjusticesouthafrica #Curatorbonis #curatoradlitem #Visitation #Fathersrights #Fathersresponsibilities #divorce #Guardianship #Contact #Care #Custody #Childcustody #Custodyofthechild #childmaintenance #guardianadlitem #curatoradlitem #Voiceofthechild #divorcemediationsouthafrica #fathersrights #fathersrightsinsouthafrica #howdivorceaffectschildren #howtogetaletterofguardianship #guardianship #divorcemediation #divorcemediationnearme #Maintenance #Maintenanceissues #Maintenanceproblems #familylaw #familycourtsouthafrica #fathers4justice #familylawsouthafrica #parentsrights #unmarriedfathersrightsinsouthafrica #visitationrightsforfathersinsouthafrica #whendoesafatherloseparentalrightssouthafrica #legalguardianshipdocument #familylawyersnearme #custodyofchildtofather #unmarriedfathersrights #parentingplan #parentingplanexample #parentingplanssouthafrica #Parentalalienation #Parentalalienationsyndrome #PAS #DSM5

Verified by MonsterInsights