What (married and unmarried) fathers must know about their rights

Claire Thomson (an attorney at Witz Inc. Attorneys in Johannesburg) joins Aubrey Masango.

Listen below.

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The dramatic scenes of Paseka Motsoeneng brandishing two pangas and forcibly taking his two grandchildren from a school in Katlehong have shone a spotlight on child custody issues in South Africa.

The well-known TV evangelist, his son and another man face charges including kidnapping, discharge of a firearm, and assault by way of threat.

Last week they appeared at Palm Ridge magistrate's court. The case was postponed to 16 August.

According to a preliminary report, a custody battle between the two families has been escalating following the death of the children's mother in April.

Thomson says while Motsoeneng's actions were 'appalling' they signal the desperation often felt by those involved in a custody dispute.

"People are becoming so desperate that they are prepared to resort to these means."

- Claire Thomson, Attorney - Witz Inc Attorneys

"It is an urgent call to us as a legal system, as a country, to call upon the people who lead to address these issues in a meaningful way."

- Claire Thomson, Attorney - Witz Inc Attorneys

Thomson says many families who have approached the courts for assistance over custody matters are frustrated by delays.

"It might be that we require quicker turnaround times from a legal perspective, from a court perspective."

- Claire Thomson, Attorney - Witz Inc Attorneys

Thompson says a father (according to the Children's Act) automatically acquires equal rights and responsibilities if:

• he is married to the child’s mother
• he was married to the child’s mother at the time of the child’s conception
• he marries the mother at the time of the child’s birth
• a marriage takes place at any time between conception and birth

"So they are the equal holders of care, contact, guardianship and maintenance."

- Claire Thomson, Attorney - Witz Inc Attorneys

"If Mom is to die, Dad becomes the natural guardian of those children (and vice versa)."

- Claire Thomson, Attorney - Witz Inc Attorneys

Thompson says unmarried fathers have slightly greater hurdles to overcome.

"That is in terms of Section 21 of the Act and if Dad is not living with Mom at the time of the child's conception or birth, and he has not properly contributed to the child's upbringing, towards the child's maintenance, identified himself as the child's father... he might not have aquired parental rights and responsibilities."

- Claire Thomson, Attorney - Witz Inc Attorneys

In such an instance, says Thomson, the father would have to go to court to prove that he holds those rights and responsibilities.

Thompson says the court will look at the role the father has played in the life of the children

"It's really, really important for fathers who are married and in domestic relationships that have passed, to have engaged and involved relationships with those children."

- Claire Thomson, Attorney - Witz Inc Attorneys

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Scroll up to the audio player to listen to the interview.