'Deadbeat dad' has parental rights removed by court in landmark ruling
Sara-Jayne Makwala King
13 May 2025 | 5:05The man's rights were terminated after he showed no interest in providing for or parenting his two children.
CapeTalk's Clarence Ford is joined by divorce and custody lawyer Shando Theron.
Listen below:
In a groundbreaking judgment, a court has stripped a 'deadbeat dad' of his parental rights and responsibilities.
The father of two was deemed not to have nurtured a relationship with his two children, following his separation from their mother.
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"I believe that fatherless children are the cause of a lot of ills in our country, but here's a father who lost the rights to his two children, and here's a case that makes me happy."
- Shando Theron, Divorce and Custody Lawyer
In the case - which was heard by the court in February - the Applicant (the biological mother) brought an application against the Respondent (the biological father).
She sought the termination of the biological father’s parental rights and responsibilities under the Children’s Act.
She told the court she had attempted many times to reach out to the father and encourage him to have a relationship with his children.
"The father was, by choice, a completely absent father... and that seemed to have been the main yardstick [of the court]."
- Shando Theron, Divorce and Custody Lawyer
One of the only times the father did seek to exert his parental rights was when the oldest child, a budding sportsman, needed to apply for a passport to travel overseas for a sporting opportunity.
The father's permission was required for the passport application.
"What did he do? He refused to sign."
- Shando Theron, Divorce and Custody Lawyer
"I've seen this many times, they are often bitter and all they do is be obstructive and cause trouble for the other people."
- Shando Theron, Divorce and Custody Lawyer
Theron explains that the overarching principle in the matters involving children, is what is in their best interests.
"In this case, the yardstick was... this person, having them in the children's lives is just an irritation. He wants ALL the rights of a father, but he doesn't take any of the responsibility."
- Shando Theron, Divorce and Custody Lawyer
"The family advocate ordered reintegration therapy and he never showed up for any of the sessions."
- Shando Theron, Divorce and Custody Lawyer
The court therefore terminated the rights and responsibilities of the father, saying "the law and the facts compel this court to act in the best interests of the minor children. They are entitled to a future free of unnecessary emotional distress, and to the security of knowing that those responsible for their upbringing are consistently there for them."
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