(8) Subject to section six, a children’s court which has made an order in terms of subsection (2) or (3) may,
upon the application of either parent of the minor concerned, after affording the other parent an opportunity of
opposing the application and adducing reasons therefor, vary, suspend or rescind the order or revive the order
after it has been rescinded.
(9) Where a person has been vested with the sole custody of a minor by a parent in terms of paragraph (b) of
subsection (3) of section four, this section shall apply, mutatis mutandis, as if that person were the parent who had
sole custody of the minor:
Provided that no order for the payment of maintenance shall be made against such person.
(10) Any person who is aggrieved by—
(a) an order of a children’s court made in terms of subsection (2) or (3) or the variation, suspension, rescission or revival thereof; or
(b) the refusal of a children’s court to grant an application made in terms of this section;
may appeal against such order, variation, suspension, rescission, revival or refusal to a judge of the High Court
who may refer the matter to the High Court for argument.
[Subsection amended by section 49 of act 23 of 2001]
(11) The judge of the High Court or the High Court, as the case may be, may, in an appeal in terms of subsection (10), confirm, vary or set aside the decision appealed against or give any judgment or make any determination or order which the circumstances may require.
(12) A wife may make any application in terms of this section, and any application to a court in connection
therewith, without the assistance of her husband.
6 Enforcement of orders relating to access
(1) In this section—
“access order” means an order of any court, including the High Court, which confers, expressly or impliedly,
rights of access to a minor upon a parent who does not have the custody of that minor;
“custodial parents” means—
(a) the parent of a minor who has the lawful custody of that minor; or
(b) a person who has been vested with the sole custody of a minor in terms of subsection (3) of
section four;
“non-custodial parent” means the parent of a minor who has had rights of access to that minor conferred
upon him by an access order.
(2) Upon application being made to the clerk of a children’s court by either a custodial parent or a noncustodial parent for the rescission or variation of rights of access conferred by an access order, the clerk may,
subject to the directions of the officer presiding over the children’s court, issue a su mmons requiring the other
parent to appear before the children’s court and show cause why an order should not be made in terms of subsection (4).
[Subsection amended by section 49 of act 23 of 2001]
(3) The clerk of the children’s court referred to in subsection (2) may, on the direction of the officer presiding over the children’s court, refer the application in terms of that subsection to the clerk of any other children’s
court and subsection (2) shall apply, mutatis mutandis, thereafter.
[Subsection amended by section 49 of act 23 of 2001]
(4) On the day specified in the summons issued in terms of subsection (2), the children’s court shall inquire
into the matter and may do any or all of the following—
(a) if it is satisfied that the custodial parent has, without reasonable excuse, failed or refused to allow the
non-custodial parent access to the minor as required by an access order, order the custodial parent to pay
a fine of an amount not exceeding level three;
(b) if it is satisfied that the non-custodial parent has abused the rights of access conferred on him by the
access order, order him to pay a fine of an amount not exceeding level three;
(c) if it thinks fit, by order rescind or vary—
(i) the rights of access conferred by the access order; and
(ii) subject to section five, any order for the payment of maintenance for the minor.
[Paragraphs (a) and (b) amended by s. 4 of Act 22/2001.]
[Subsection amended by section 49 of act 23 of 2001]
(5) An inquiry in terms of subsection (4) shall be held in the presence of the custodial parent or in his absence upon proof of the service upon him of the summons requiring him to appear:
Provided that an order in terms of paragraph (a) or (b) of subsection (4) shall not be made in the absence of
the parent against whom the order is to be made.
(6) An order in terms of paragraph (a) or (b) of subsection (4) shall not take effect until—
(a) the record of the inquiry has been forwarded for review in terms of section 57 of the Magistrates Court
Act [Chapter 7:10] as if the order were a sentence referred to in subsection (1) of that section; and