She will be seeking viable employment in 2021. 3. However, you as an interested party can also do the same. Would need some advice please. Manage Settings So we do not want to guess the outcome. Would the court award sole custody to a mother when the father of the child refuses to agree to a parenting plan, is inconsistent with visitation, refuses to divulge his address, has changed his contact numbers without informing the childs mother, has never paid towards the childs maintenance and disappears when decisions pertaining to the child need to be made. Espaol - Latinoamrica (Spanish - Latin America), https://www.ea.com/games/the-sims/the-sims-4/news/splitting-and-merging. The father has agreed to give an avidavit of consent. The court can give the consent for the passport and for leaving the country. Rights of parents, interested parties and the law The Childrens Act 38 of 2005. The biological father requested the court to assist him with custody of the child. There isnt really a legit parenting plan in place for anything. The father of my child stays at a boarding house. You can ask, but don't pack your stuff because unless something really wild happens, well, you are not going anywhere for the first few hearings if in fact you ever get released. The mother and father of the child were never married, they were just partners until the separated, What are the chances of him acquiring full custody of the child considering that the mother is now married to someone else. Good day The problem is that my son is with me NOW AND DOESNT WANT TO GO BACK. Is there a way forward for us? I moved out and two weeks thereafter we did the plan and set it up. I assured her if that ever happened I would step in and take her and her ex husbands kids in excluding her mother as her family is not fond of myself and always influencing her against me. We cannot advise you to change their surname or not. The court would have to decide what is best for the child. A professional needs to look into why the children are not interested in seeing the father, despite what she or the mother thinks or says. Bella Ramseys Christian Faith in the Spotlight Ahead of HBO Adaptation of The Last Of Us. The problem here is that whenever the is disagreement between baby mom and his granny, they move him to stay with his great grandparents and evertime this happen he have to dropout of the school and go to new school the following year, of which this started in 2016, 2017 it happened, this year it happen again. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Family Lawyers at lawrato.com to address the specific facts and details. If the current court order provides with a different process, like mediation first, then that must be followed. When I discussed it with her, she told me she is tired of being there and would rather die. What do you mean by disown (i.e. She has a habit of beating her own kids and it seems mine too, (she has given him a beating in front of myself before which I picked him up from crying and comforted him in the room and he fell asleep). In the backdrop of this, Sandra Laing, was escorted home from school by two policemen due to complaints about her appearance. Also he is going to be relocating overseas so will continue to have no involvement. At the time he stayed in Vredenburg which he invited me for the weekend. Ive been divorced for 3 years and live in a 3 bedroom town house with my 4 children. Father and I split up. You see, Sandra was dark-skinned, but her hair texture caused a lot of confusion and teachers had been trying to have her kicked out of school. 'I will disown my child if he is gay' - Allotey Jacobs Why Do Women Like True Crime & Real-Life Murder Stories? We have a 2 year old daughter which I take care of 100%. His father has not helped me financially all these years . For the rest of the questions, we advise you visit the Childrens court and discuss it with them. 2 pages 2019/2020 100% (3) 2019/2020 100% (3) Save. Evening, I am legally divorced but I want full custody of my kids. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Some of these statements include: Men are attracted [], Yoweri Museveni, the president of Uganda, has signed into law one of the harshest anti-LGBTQ legislation in the world. If you want joint custody of your child, you would have to approach a court for that. I assured her if that ever happened I would step in and take her and her ex husbands kids in besides her mother as her family is not fond of myself and always influencing her against me and that I will not allow her mother to leech off our relationship. I have phoned him and told him that he is not allowed to have them sleeping over there anymore until he can prove to me that he is not on drugs. I suggested he remove her from medical aid ( he was always complaining about it when I took her to the dr) and he must pay R2000 instead of R900 the court ruled in his favour, he was ordered( but nothing was signed) to pay R1000, buy clothes twice a year for R1500 and the Clerk wanted to know why we never tried to contact her.. ( luckily we kept all correspondence) now we want to know should the daughter want to come and stay with us.. what age can she decide to do so ( my husband no longer her legal guardian) but we received info from grandma that daughter going through difficult time, mom in new relation ship and seems she is in the way. The Court would hear from both parents and then decide what is best for the child. The mother only allows a 2 hour per week visitation to the father, and often lets him down on visits. Ive never seen of her or my son after that day. My husband works long hours and when he is home he usually has a load of other things that he choosing above spending time with the kids and myself. Good day Either way, the Court would look at what is best for the children. The court order states that it will be reviewed after 2 years and I dont think she would be able to stand another year in that place. Disownment A father disowning his daughter in the 1913 film The Jew's Christmas Disownment occurs when a parent renounces or no longer accepts a child as a family member, usually due to actions perceived as reprehensible, leading to serious emotional consequences. He supports his child, pays school fees and buys her clothes. As long as your estate has assets you leave behind, state law would dictate that those assets be used to pay for the care and maintenance of your children. Hello. This forced me to move into my sisters spare bedroom, 30km away. the Dept of Home affairs requires both parents when applying to a Passport and the father must also give me his rights for travelling with my son. 1 Answer from Attorneys. They dont have a valid reason for not wanting to see him but they are extremely influenced by their mother and who has turned them against him and his current partner. I have all communication on my phone that he denies baby, also of him not being bothered about baby or wanting to pay maintenance. We consider this misnomer and explore the mandatory maintenance obligations that may exist towards a child beyond majority. Good day The father and his mother has been the minor childs primary caregivers, nonetheless the father has always paid child support as agreed by the court. Am I aloud 2 move 2 a nother town with my daughter 2 give her a better life her dad gets out of control when his drunk and I dont want my daughter around that. Method 1 Disowning Your Family as a Minor 1 Determine whether to pursue emancipation. My ex has moved two a new home and has not informed me where. The apartheid system was an all-encompassing one in South Africa as it dictated whom one could marry, residence, jobs, and so much more. The Suspension of Parental Rights - Family and Divorce law It is best you set up a meeting with us or a lawyer to discuss the process should you wish to proceed. This arrangement has been working perfectly for all involved. What does the Law saywhat is the maximum amount of nights a 4 year old can visit his father? It is not compulsary that you publish in newspaper about it but you can take this steps for more security. Other details of the responsibilities he had were: 1> He needed to take out an educational policy for them for R500 per month. : 0870735800, Magistrates Courts | High Courts | Supreme Court of Appeal | Constitutional Court. I'm not interested in ever seeing him again. Can I withhold the kids until he informed me of his new address. Any parent who has care of a child and refuses to allow the other parent to exercise his/her responsibilities and rights contrary to a court order or properly concluded parental responsibilities and rights agreement is guilty of an offence, and will be liable on conviction to a fine or to imprisonment for a period not exceeding one year. My question is. (Other things to note is that when they are in his care there isnt any form of discipline ie they watch TV, {They have even watched a sex scene on TV when they were 5 and 6 because he just leaves them with his hard drive whilst he is sleeping}, to me he really is not a good example for them as he seems to think that it is ok to sleep till 11 and then go to work etc). Alternatively, contacting a social worker is recommended. She says they dont want to see their father but he really wants to see them, can he force them to see him? Disowning child from parent process goodday, my daughter was born october 2014, and wa staying with me untill she was about5months, she then moved to my sister but got ill and came back home. Good Day, I trust my mail finds you well in response to Shandris enquiry. We moved to Jhb about 3 years ago from Cpt and Im the primary care taker of our daughter as the mother travels a lot and work late hours. These can also be seen as a set of parental rights; the right to care for a child; to have and to maintain contact with the child; and the right to act as a guardian of the child. I called the Dr.s that I scheduled for gynecology when I arrived with the expensive all in 1 prenatals i was buying during her months of pregnancy for my 1st born and was informed she came in earlier to reschedule it and advised them not to give me any further information due to patient confidentiality I left the prenatal with reception & left. Why Do Womens Rights Have To Wait For Mens Rights? The house is filthy (rats for pets) and his mother would sporadically turn off the water, etc. Good day I have a son who was born in 2015 and then I got married after and I have kids in my marriage and my son was staying with my mother sister after my mother passed away . He only pays his R1200 per month for the last 4 years and has never increased it. How can you assist me or advice me? She still has to file though. my Sons father and I currently have a parenting plan in place which was drawn up by my sons father. They also threaten us of stopping our education and getting us married to anyone randomly if we dare to go against their wishes. I let him come to my house to visit and spent time with her. Shandri has been taking monthly pills injections and morning after pills she made me stop for her to go buy cause she did not want to be pregnant from me. I have thus been unemployed all this time. The last time my son saw his father was before he was 3, he is now 7 and does not know he has a dad, who left the town he was staying and and we havent heard from him since. Im having a high risk pregnancy and are on bed rest. The matter has not yet been finalised resulting in her total exasperation. My ex wife just notified me today that each and every time i need to spend time with my kids i must sign an affidavit and get it stamped at the police station, according to her she says its the law. Father battles for 3 years to finally see his child. What are chances of me winning in court. Good day If you want custody of your child, you would have to approach a court for that. You may want to approach the Childrens Court to resolve the issue as to what is best for the child. When considering such an application, the court must take the following factors into account: Marriage out of Community of Property, new case, Marriage out of community without accrual, Marriage out of community with the inclusion of the accrual, Dealing with Emotions During Divorce and Separation. The court should have given reasons for why it made such an order after listing to all the facts and evidence from both parents. I want to disown my son from my property which is earned by me and also from our ancestral property. You and the mother have to come to an agreement as to how parenting should take place. He travels a lot..and has always requested me to stay over at his house whenever hed leave for several days. I also would like a social worker to regularly investigate her unit as this is too over crowded as well there are random men in and outing of that unit which I assume it to be her mother or her own male companions of which I dont want my son to be involved in seeing. I was classified colored and I loved all Black people. Of course, the law is supposed to protect the rights of children, and there are legal consequences for anyone who is found guilty of abandoning a child. If you want sole custody of your child, you would have to approach a court for that. Now new years eve we all gathered at home where we living with other tenants until after midnight I had to go back to sleep. My daughter is very much daddies girl and I am basically the mother you could say. Child Custody and Relocation Question and Answers by Advocate Muhammad Abduroaf. A few months ago she came around to the house I bought her flowers to apologize if I hurt her in anyway, she told me to come around Wednesday which I did and got seduced, not even 5 mins after our Special time she asked me money I told her I was unemployed and struggling to find work as I got retrenched before covid hit. He wants to have her for weekends but i do not feel comfortable with that, he and his family lives in a very dangerous area and i need to protect my daughter. Uncontested Divorce - What Happens on the Court Day? Well I work alot and I make time for them which she dont. Good day There are many factors to consider, the kids schooling, the parents working hours, where you stay etc. We suggest you see a lawyer or approach the SAPS as to have your children returned. We were Online and Trusted since 2007. Parent Refusing Consent for a Passport, Rule 43 Application Maintenance Pendente Lite High Court Cape Town. Shandri completely ignored me at her work as a stranger and quickly got me out in a hostile manner. In the year that they have been with me she only bought my son 1 summer outfit for Christmas and nothing for my daughter. I want to file for sole custody of my son aged 13. he is still abusive in his communication with me, and often resorts to threats to get me to answer him. If the father believes that he care for the child best, then he has to prove that to the court. Throughout this time when my son came to me I took pictures of his injuries everytime he came to me his legs or hands were burnt which Shandri mother said he was playing by the fire under there supervision, hed have swollen bruises and bites. Adoption is the process where a person applies in court to be considered as the parent of a child. Hi there, I want to apply for Sole custody but not sure if i have a case? Legal Aid and its consultants are unhelpful and tardy to provide her with feedback, advice, etc. The Court would only grant sole custody to a parent if it is in the childs best interest. Now the father is threatening to take me to court for full custody because my employment is out of town and because my son does not stay with me but my family, and yet he has no source of income. Can a step-parent legally adopt their step-child? It would be best to visit the court and find out how it came about that the Order was granted. How can I legally disown my child? | Lawyers.com he also suffers from bipolar and can become unpredictable at any given moment. Her aunt is now trying to force us to pay almost R200 000 as they are claiming we are shirking our responsibilities and the amount we pay is neglible the child is refusing to live with us as she claims she does not get on with her father and are threatening to sue us if we dont pay exhorbitant dental and tutoring fees. Each family is different and each child has different needs. All that he must prove is that it would be in the childs best interests. This was where the Cape High Court confirmed the extensive powers of the Maintenance Court, which includes interdicting pension funds. Angela May 4, 2022 @ 10:32am. Especially if they have a written agreement unpacking what it means. On the directive, it is best to call the court and ask why they sent it. The childs best interests should always be upheld. What must I do? I pay maintenance to the amount of 3000 per month I have applied to have my name put on my sons birth certificate and I buy clothes and medicine on an adhoc basis as well as toys entertainment, and contribute towards swimming classes school holidays programs and concerts. It will be wrong for us to advise you to without contact based on the limited information you provided. He has told me on multiple occasions that he will fight for the kids and make me loose everything if I try and divorce him which has been my main reason for staying. You make a case for primary custody/care. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock?. The baby is 8 months old not breastfed and he is more than capable of taking care of her with my assistance for a day/weekend etc. My goodness, here is my first reaction, YOU'VE DONE EVERYTHING YOU POSSIBLY COULD AND THEN SOME, IT IS TIME TO LET HIM GO. Thank you so much in advance. The parents were even tested to prove that she was their daughter and finally Sandra was reclassified when the laws were changed to accommodate white parents with different looking kids. I had to learn to go on with my life and forget what happened. I always have a problem with my childs father for not wanting to support my child and he working he is a principal he even denied the child is his and after some time he agreed that the child is his, me and my aunts we taken him to court and the date was given but he never came and we just things as they are and raise my child without him. They strongly feel that the mother has pre-recited stories with the child, and has brainwashed her against the father (ie. Could we suggest that you set up an urgent meeting with us to discuss your matter? He neglected our youngest child which resulted in a speech delay, and he is now questioning why she is not speaking age appropriately. Good day We both buy clothes , food etc when my son is with either of us. You would have to prove to the court that it is in your daughters bests interests that she visits you in the UK. Glad I came across this comfy place that I visited daily for so long during the years of hell that I went through with my oldest son my difficult child as I called him then not feeling that so much now. Hello, the father of my 2 daugters (12 and9), were ordered by court in 2010 to pay 1400- back then he earned R5000. He is ELIGIBLE for parole after ten years. Disowning a child | Legal Advice - LawGuru.com Posted on May 9, 2016. Father and I split up. Hi, I reside in Gauteng, my son was born in 2014. The Court decides the matter on what is in the childs best interests. Some interesting questions and answers regarding divorces in South Africa. And where do I go regarding sole custody applications? The issue is what is best for the children. You would need to sit down with your husband and look at your income, and the expenses of the children. We share equal custody and I pay for the school fees , extra murals , extra costs for school as well as half the medical. We advise that you speak to a social worker who can advise you on whether sole custody is in the childs best interests. The other thing I wanted to mention is your avatar. My children are 6 and 10.The court has appointed the family advocate because of the fact that my wife do not want me to see my children although Im am paying maintenance. I was raised in that area until I was 21. He made payments via debit order and left his job in 2012. Shandri and her mother who was in the lounge on the couch couldnt answer me. I have been raising my son on my own for the last 7 years, the father has made an attempt only once to meet his son. Good day, The mother and grandmother is struggling to keep to the social workers process in this custody case.. the mother on purpose delays the custody case by ignoring and making excuses to delay social worker visit or even a meeting that the social worker can meet the mother. Does an unemployed father pay? The court focuses on what is best for the kids. He is not involved in any of the decisions pertaining to our child and has never paid any maintenance. The relevant case is Petersen v Maintenance Officer Simons Town Maintenance Court and Others 2004 2 SA 56 (C) 381 . Our mission is to provide a platform for women to share their stories, experiences and opinions on various issues affecting their lives. The court would then decide if it is in the childs best interests. But if you feel that it is in the childs bests interests, we would advise you to proceed. Before her pregnancy I was informed she was having an affair with someone at work with this information I bought her the most beautiful flowers i could find and chocolates and personally dropped it at her work as a surprise seeing we in a relationship. It looks like you are already practicing sole custody. Where the mother only takes visitation of the child periodically, when she wants to- for a weekend or holiday. The legal rights of infants and minors are protected by the Children's Act 38 of 2005. What am i to do. A caregiver is a parent or person who cares for the child. However he lives in a very dangerous area where ppl are killed, shot, raped and murdered everyday. For sole custody, you must convince the court that it would be in the childs best interests. Their dad and i have a parenting plan in place he has every second weekend half long holiday and one short holiday but also doesnt stick to it as he never takes the kids for the holidays only the weekends. Consider setting up a legal advice consultation with an attorney to properly discuss your matter and options http://www.ourlawyer.co.za/advice.
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