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should the Director of Public Prosecutions decide to prosecute, or you
can bring an application for contempt of court in the High Court. A party
seeking an order of contempt must prove beyond a reasonable doubt
that a court order was granted, that the other party has knowledge
of the order and that the other party is not complying with the order.
The party not complying with the order must then prove that his non-
compliance with the order was not wilful and in bad faith.
It should be noted though that the fact that a parent is in contempt does
not mean that a court as upper guardian of children, will automatically
enforce the existing order, if it would not be in the best interests of the
child involved that the terms of the order are executed.
Disputes between parents should never negatively affect the children
involved. Our courts also see it as important that children have good
and secure relationships with both their parents and take a stern view of
parents who unreasonably deprive children of same.
In your situation, it does appear that you have access rights that can be
enforced. It is strongly advised that you seek the help of an attorney to
assist you on the best course of action to enforce your rights.
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