Court rules that Pretoria mom and granny be jailed if they deny father access to his child

A woman in black

Attorney Vanessa da Silva-Faria of Ulrich Roux & Associates represented the Pretoria father in the High Court. Photo: Supplied

Published Jan 28, 2022


Pretoria – The North Gauteng High Court in Pretoria has sentenced a mother and a grandmother to 30 days’ imprisonment suspended on the condition that they allow a father contact with his daughter.

Speaking to IOL, attorney for the aggrieved father, Vanessa da Silva-Faria, said the court ruling is a landmark for fathers’ rights in accessing their children.

“I think this is a vindication for fathers’ rights all around. This (judgment) confirms that fathers do have equal rights, and their rights are worth fighting for,” said Da Silva-Faria.

The Ulrich Roux & Associates attorney scored the landmark victory working on the case with her junior attorney Matthew Temlett.

Da Silva-Faria said the father had been denied access to the child for three years.

On Tuesday, High Court Judge Munzhelele ruled that the mother and the maternal grandmother of the child were in contempt of court by “denying and frustrating our client’s parental rights to exercise contact to his minor child”, according to Ulrich Roux & Associates.

“The court sentenced the duo to 30 days’ direct imprisonment, suspended pending their strict compliance with the high court order which regulates our client’s contact with his daughter.”

The attorneys said warrants of arrest will be issued immediately in the event that the mother and the maternal grandmother of the 7-year-old girl continue with their “unlawful and inhumane conduct”.

In addition, Ulrich Roux & Associates secured a punitive cost order against the respondents – the mother and the grandmother – for their contemptuous conduct and their blatant violation of the minor child’s constitutional rights to have a relationship with her father.