Q: What is visitation and how is this right determined?
A: Contact with a child post-divorce is called “visitation”. The guardian is entitled to visit the child regularly. The custodian may not move the child permanently to another country if it would prevent the guardian from exercising contact with the child. A guardian (usually the father) may make an application to court for an order to allow him to exercise his right to visit the child. Usually such contact will take place for an afternoon each weekend.
Q: What are the obligations of the father as a guardian?
A: Guardianship involves supervising, protecting, educating and preparing a child for life, and agreeing to the child being married when necessary. It will often mean making the decisions regarding a child’s schooling or medical treatment. It also involves guiding the child in terms of morals, education and religion.
Q: Can a guardian be removed/ changed?
A: Guardianship will be removed if the guardian committed rape, disgracing conduct or prostitution or led the child in such ways, or if the guardian was sentenced to punishment for a felony crime or misdemeanour that affected the well-being of the child. Guardianship can be permanently or temporarily removed if the guardian was sentenced to imprisonment, or if he subjected the child to excessive danger. When investigating such cases, the court may temporarily decide to hand over guardianship of a child to a specialised social organisation.
