I am currently separated from my wife. We are legally married and I am not sure if we are going to get divorced. We have decided to be separated for a few months and then after that see if we want to work things out. We have a 4month old baby and I am a very involved father. She is now threatening me that she will not allow me to keep the baby over night. Can she legally do this? Is there any legal action I can take to prevent this and be able to take my son for two weekends a month? Thank you.
Good day. Your rights are contained in section 18 and 20 of the Children's Act.18. Parental responsibilities and rights.—(1) A person may have either full or specific parental responsibilities and rights in respect of a child.(2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right—(a)to care for the child;(b)to maintain contact with the child;(c)to act as guardian of the child; and(d)to contribute to the maintenance of the child.(3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must—(a)administer and safeguard the child’s property and property interests;(b)assist or represent the child in administrative, contractual and other legal matters; or(c)give or refuse any consent required by law in respect of the child, including—(i)consent to the child’s marriage;(ii)consent to the child’s adoption;(iii)consent to the child’s departure or removal from the Republic;(iv)consent to the child’s application for a passport; and(v)consent to the alienation or encumbrance of any immovable property of the child.(4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship.(5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c).20. Parental responsibilities and rights of married fathers.—The biological father of a child has full parental responsibilities and rights in respect of the child—(a)if he is married to the child’s mother; or(b)if he was married to the child’s mother at—(i)the time of the child’s conception;(ii)the time of the child’s birth; or(iii)any time between the child’s conception and birth.Where you enforce these rights if the mother is doing something to prevent you from excersizing these rights, you need to go to the offices of the Family Advocate to start the process to get you in front of the Children's Court, if necessary,
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