Access by someone other than a child’s parents

I was asked this question by one of our readers:

Do my ex husband’s parents and his sister have a right to see my child.  How do I stipulate that it is only in his presence that she may visit?  I have sole custody.  The fact is that these above people refused to even greet me, even though it was my husband who left for a 23 year old and now has her pregnant without being married.?

In principle, anyone may apply for access to a child, provided that the applicant can show that access would serve the child’s best interests. A grandfather, for example, may apply.

I would advise the reader that she could agree to supervised access to the child if such access was in the best interests of the child.  If not, she could simply deny access and if the grandparents want to see the child they must apply to court.

In the case of Townsend-Turner and Another v. Morrow 2004 (2) SA 32 (CPD) the court held that it was not in the child ‘s best interests to allow his grandmother access to him and so place him in the middle of a situation which would confuse him and lead him to feel guilt and divided loyalties.Read more