Our expert says:
Family law expert
The custodian parent generally has the right to have the child with him or her, to regulate its life and to decide all questions of education, training and religious upbringing. The right to decide all questions of education, including the right to decide which school the child shall attend, will be the decision of the custodian parent. As holder of custodial rights, the custodian parent is in terms of s 30(2) of the Children's Act 38 of 2005 entitled to act without the consent of the other parent.
If the custodian parent is obliged to give due consideration to the views and wishes of the non-custodian parent before coming to a decision concerning the child, he or she is in no way bound to give effect to the non-custodian parent's views and wishes. Once he or she has given such consideration, he or she may act independently. Moreover, failure to give consideration to the views and wishes of the non-custodian parent, and failure to inform him or her of the decision in terms of s 6(5) of the Act, do not in themselves render the decision made by the custodian parent void or invalid - the decision is subject to review, the determining factor being whether or not the decision is in the child's best interests. So by interfering he might violate your custody rights.
Family Law Attorney
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