Advice: Children's Court.

[Pitbull]

he was never convicted yes, but the order against him was granted with warrant of arrest. I am not sure if it expires though? it was granted two years ago.

on a side note: I don't have any issues with him wanting to be part of the child, hence I have always made sure that, she at least have some sort of relationship with the grandparents. But involving lawyers and contacting my work place, and having me take a day off to go to court for something that could have been discussed with one phone call is not cool.

He wants it ordered by the court. Nothing wrong with that, but by just reading your post he has already gotten what he wanted. You will agree to shared custody. But with that he also needs to pay maintenance. Unless he wants it noted that he is exempt from paying maintenance. No idea what his motives are.

 

[Pitbull]

Pretoria.

That would be great!!!!

NOU SOEK EK 'n SELFIE!

 

[Stefanmuller]

Should a summons not be accompanied by a clear description of exactly what and why you are summoned to court? Cant you phone his lawyers and ask them to lay out what this all is about and what his claims are?

 

[zeb]

Pretoria.

That would be great!!!!

PM sent

 

[CAPS LOCK]

Pretty darn clever of his attorney to contemplate/advise court action....most disputes can be settled out of court with mediation by appointed family advocates, the court thereafter merely 'rubber-stamps' the proposed agreement into an order. OP, s28(2) of the Constitution is your friend - the courts have made remarkable findings premised on that provision.. I don't believe you have much to worry about at this stage.

 

[Nikita_k]

PM sent

Thank you

Pretty darn clever of his attorney to contemplate/advise court action....most disputes can be settled out of court with mediation by appointed family advocates, the court thereafter merely 'rubber-stamps' the proposed agreement into an order. OP, s28(2) of the Constitution is your friend - the courts have made remarkable findings premised on that provision.. I don't believe you have much to worry about at this stage.

Are you referring to this:

2) A child's best interests are of paramount importance in every matter concerning the child.

 

[AstroTurf]

so you call them yet?

 

[Rickster]

taking my phone for two days and harassing my contacts.

This sounds so far fetched.

PS: passwords work wonders on phones.

 

[Nikita_k]

PM sent

I spoke him. and I feel much better now. thanks again

 

[CAPS LOCK]

Thank you




Are you referring to this:

2) A child's best interests are of paramount importance in every matter concerning the child.

Yes.

But don't forget that he (the father) too has rights, that provision does not necessarily enable the court to simply limit/erode his rights to the child - where the courts requires to perform a balancing act of these rights, it is at least guided by the principles of s28(2)....

Interestingly, I've read case-law where the facts are a kid grows-up believing the mother's husband is her real father (he is not), and sometime later in the kid's life (think she was 11) the actual biological father takes the matter to court (no dispute of his paternity) to be recognised/declared as the biological father - the court ruled against the biological father because it would not be in the best interest of that child if she now knew who her real father is, taking into consideration her love for the "father" she knows, the stable family home she lives in etc etc, if i recall correctly the court mentioned that it would actually bring more harm to the kid than serve any good...

 

[Nikita_k]

This sounds so far fetched.

PS: passwords work wonders on phones.

LOL...believe me, the police had to be involved. and I had to do some serious damage control with friends thinking I have gone nuts.

my phone didn't have any passwords or lock pin then, cause I didn't see the need.

 

[Nikita_k]

so you call them yet?

I have been trying but there is no answer

 

[zeb]

I spoke him. and I feel much better now. thanks again

A pleasure. I'm glad that your mind is more at ease.

 

[Nikita_k]

tomorrow is "dee day". I will keep you guys updated.

 

[Crowley]

Good luck!

 

[Nikita_k]

Good luck!

Thanks Crowley

 

[Eaz-e]

Thanks Crowley

Explain your story just like you posted. Ask for a mediator to be appointed. Also now is the ideal time to bring up maintenance, List all your kids expense. ask for your parental plan to be made a order off court.

 

[ProfA]

Men who assault woman are scum. Right up there with taxi drivers, dead beat fathers, lawyers and estate agents.

 

[Nikita_k]

I am Back, thank you everyone for your support, Zeb, thank you for your reference.
The court has referred our matter to the family advocate to investigate if he is fit to have the child on weekends unsupervised. on the court papers he claimed that I have blocked access to the child and that him and his family only see the child when I want. which was total BS. but the magistrate saw through his lies immediately. when the judge advised him to take advantage of every opportunity he gets to see the child, he saw that as an attack on him. needless to say it felt good seeing his plan backfire on him.

 

[Pitbull]

I am Back, thank you everyone for your support, Zeb, thank you for your reference.
The court has referred our matter to the family advocate to investigate if he is fit to have the child on weekends unsupervised. on the court papers he claimed that I have blocked access to the child and that him and his family only see the child when I want. which was total BS. but the magistrate saw through his lies immediately. when the judge advised him to take advantage of every opportunity he gets to see the child, he saw that as an attack on him. needless to say it felt good seeing his plan backfire on him.

Well done !

I knew it was about custody, he's just shot himself in the foot.