Mom sentenced for denying ex access to child is off the hook

A mother who was found in contempt of court for denying her son’s father access to their child is off the hook after the court rescinded her 12-month jail term.

The father is facing fraud charges after having allegedly faked his wife’s death.

The mother had twice been found guilty of flouting a Pretoria high court ruling which ordered that the father be allowed to see their son on alternate weekends.

In January, the court sentenced the mother to 12 months’ imprisonment for contempt, however, it was set aside after her legal representative brought an urgent application the next day to have the order rescinded.

The mother told the court in her application she was not timeously notified of the proceedings on the matter and therefore missed the hearing, which led to a default judgment in favour of the father.

The court granted the urgent application pending the formal application to rescind previous contempt of court orders, which was heard on Monday.

The mother was found in contempt of court in June last year after the father filed an application in which he stated he had been denied access to their child.

However, this was also rescinded when her lawyer, Koboro Jeffrey Selala, applied for the order to be set aside.

The default judgment was granted as the father’s lawyers did not oppose the application for rescission.

“We came here and set aside the judgment from January and have now set aside the judgment from June last year which stated she is in contempt of court.

“I told the father’s attorneys they had no leg to stand on when they said the mother was in contempt of court.

“They said they are not opposing it.

“The court has granted that application,” Selala told TimesLIVE.

Selala said due to the defence having declined to oppose, the cost order previously granted was also set aside.

“There is no judgment against her. She is not in contempt.

“This means the initial order is in place, which states the father can visit the child on alternate weekends.

“Unfortunately, he cannot because he is out on bail for a fraud matter and his conditions are that he is not allowed near the key witness.

“The key witness is the mother,” Selala said. The father’s case, for which he is accused of having allegedly faked his wife’s death, is set to be heard at the Pretoria Magistrate’s Court next month.