Maintenance and Contact

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This is a question often asked by those following a child custody case. The parent who only has visitation rights or rights of contact is sometimes restricted or even prevented from seeing their child following traumatic instances of emotional conflict between the two parties. If a father is prevented from seeing his child, should he really have to continue paying maintenance?

It is important that you understand this important principle: the obligation to pay maintenance is separate from issues of contact.  If you have not seen your child or are not seeing your child for whatever reason, you are still legally obligated to continue to pay monthly maintenance.  

Maintenance is dealt with by the Maintenance Court and Contact is dealt with by the Children’s Court.  Both courts are in the Family Law Division of a Magistrate’s Court.  

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