Posted by: TJP | 2013/01/22

Children''s Court

Hi, I have received a report from the family advocate and family counsellor recommending that residence of my 2 children be awarded to me. They have in the report that there is sufficient reasons to warrant the removal of the clildren out of my ex wife''s care. On the Report it has a Case Number and Children''s court details. My question is: 1) Do I need a lawyer to represent me in the Childrens court? 2) How much weight does the recommendation and report have?
My ex wife wanted to take away my parental rights by making bogus allegations that were found to be untrue and just a result of sour grapes. GDAD - I would appreciate your insight as well.

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Posted by: Nic | 2013/01/26

As a matter of interest:

In 2010 they awarded 4.1% primary residency to the father. In 2011 9%.

After the launch of our class action they are now desperate to get these figures up and I can imagine that more and more residency will be awarded to the father or that the will at least me more reasonable in granting primary residency.

Please understand that the above is NOT an attack on mothers :)

Reply to Nic
Posted by: FIO | 2013/01/24

There is no lionger such a thing as custody. There are parental responsibilities and rights, and there is residency. A recommendation based on where the children should reside does not imply the responsibilities and rights of the other parent are restricted. A decision is made based on where the FA or whoever determines would favour the best interests of the child most.

In order to work togetehr as parents, the FA can do nothing about that. Itis up to the parents to seek independent counselling with a psychologist who can assist the parents to work togetehr in terms of parenting. I have many clients of mine who hate eachother, but work very well together as parents since they understadn the needs of their children, and put those needs first as required by the CHildren s Act, the SA Constitution etc.

It just takes a levek of maturity to do this,and a good mediator and or counsellor and therapist to get themessage across toparents, and equip them wioth the slills required to make such a relationship a success in the best interests ofthe children.

Reply to FIO
Posted by: Ferdie | 2013/01/23

It is always in the best interest of the children. You must never fight over custody, in the end you the ones hurt will be the children. Rather try and come to an agreement rather to fight about custody. It is one of the most difficult things to do, but if you love your children, you will be able to cope. Your lawer will tell you otherwise, but they act on their own agendas and interests.

I''m going through the same and myself and my wife decided that we will not allow our egos and own interests to hurt our child.


Reply to Ferdie
Posted by: TJP | 2013/01/23

I am on the east rand and the family advocate in Pretoria, because they area that me ex resides fall''s in Pretoria''s jurisdiction.

Reply to TJP
Posted by: Henry | 2013/01/22

Where are you based?

Reply to Henry

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