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Thursday, June 18, 2015

Legal Rights for mothers during separation: What rights do I have as a mother during separation?

Are there any legal rights for mothers during separation? Wat rights do I have when it comes to my baby? Can my ex / husband take my baby away from me during our separation?

A separation or divorce can be extremely stressful on all parties involved. Being a mother, your major concern is that of the child and his / her well being.
When you have a baby a separation or divorce becomes so much more stressful and delicate. You can't just move on with your life. You now have to consider your child and the fact that you're ex will always be a part of your life through him / her.

Laws and Regulations may differ by country, State or District but allot of them are similar worldwide. Please double check with someone in your town for confirmation. These laws are specific to South Africa.


  1. As the mother of the child you are more likely to have the child live with you and the baby's father awarded visitation unless there are specific reasons why you are unfit to live with the child.
  2. You can avoid sleepovers until your child is of school going age which is usually age 6 and above depending on the laws in your state or country.
  3. You cannot keep your child from his father. You need to allow him access to visit the baby but do not have to allow him to take the baby off the property where you are living unless so specified by court after a custody hearing. (Same goes for sleepovers).
  4. If you feel that your baby is not safe with his father you have the right to maintain supervised visits at your place of residence but cannot keep the baby from his father unless you have a protection order against him.
  5. Get a court order as soon as possible. A court order is the law. If your ex violates a court order he is in contempt of court and can be arrested.


Don't ever use your child as a tool to punish your child. Please always put him or her first. Don't keep your child away from your ex to 'punish' him or use him / her as a bargaining too. Do what is best for your baby always. If both parents are responsible and good role models for the child as well as dedicated to supporting him / her both financially and emotionally then he / her should definitely have both parents in his / her life. 
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