advertisement
Question
Posted by: Piet | 2011-01-24

Access

Is there a way to have a family advocate''s ruling overturned?
My childs mother is denying me access since I moved to Cape Town.
She is stopping me from having any access, saying that I can only do so in Bloem where they live. She is using the advocates recommendation with visitation and got a ruling by the court that I was not allowed to have access in CT.
This is unfair.. How can I fight this?

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageFamily law expert

You did not mention the age of the child. Can you be more specific on the reasons why the FA report made such a recommendation?

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

7
Our users say:
Posted by: Piet | 2011-02-01

Thank you!

Reply to Piet
Posted by: FIO | 2011-01-31

go to probono.org, they should be able to assist.

If you''re in CPT, look up an organisation called FAMAC, they might also be able to assist with advice, info etc.

I will check with attormey my side.

Reply to FIO
Posted by: Piet | 2011-01-31

My girl is 3. I wish I could be more specific. I am baffled by their decision as well. They refused to allow me to challenge their reports against me and prove otherwise. I was treated like a criminal. I dont have a criminal record, dont drink or smoke and is financially able and stable.
How do I go about appealing this decision?

Reply to Piet
Posted by: FIO | 2011-01-31

Obtain an interim protection order against her preventing her from witholding contact when in Bloem. SUch action by her is tantamount to emotional abuse, in addition to being in contempt of court order.

It seems that court screwed up in its decision. you need to consider an appeal, but read carefully throught he court report/findings and motivations before you consider this.

For free legal assistance you must check out an organisation called ProBono dot org as they offer free assisatnce under their programm.

Reply to FIO
Posted by: family law expert | 2011-01-30

You did not mention the age of the child. Can you be more specific on the reasons why the FA report made such a recommendation?

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

Reply to family law expert
Posted by: Piet | 2011-01-25

FIO, the FA has granted me contact conditions if I am in Bloem and not provided any although they knew I moved to CT.

It was a court ruling based on FA report of which I am denied access in CT, due to not having family here etc.

I am in a position where the FA did not do their job correctly. Their decision was made after 2 enquiries with a refusal to consider proving I am a good parent and pro help.

My child''s mother has stopped me from having proper access even if I am in Bloem. I can only go on long weekends, its tough.
I am losing hope in the South African justice system.
I cant afford an attorney.

Reply to Piet
Posted by: FIO | 2011-01-24

FA only makes recommednations to court, not rulings, and if no other recommednations or expert opinions are available, what else can the court do but follow advice of FA. SAdly FA is not always right, as they dont always do a thorough job due to their high workload.

Are you a parent with full rights and responsibilities, but just limited contact conditions? On what basis did the FA recommend no visitation in Cape Town?

You can appeal against this ruling by requesting an indepepndent assessment of the child, mother and you by a well respected and recognised forensic/child psychologist, one whom the courts respect and endorse.

With full rights and responsibilities, you do not need mom''s consent to have the child evaluated, but clearly there will be a logistical problem due to you living in Cape and not being able to have child with you there.

Please explain the basis on which FA did not recommend Cape Town visits?

Remember too that this is not always about fairness towards any parent, but should be entirely based on what is in the childs best interests, as per Secdtion 7 of the CHildrens Act.

Reply to FIO

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement