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Question
Posted by: chantal5 | 2011/01/11

Custody

Hi there

This is about a custody case that is about to go through, my hubby''s lawyer is getting a court date.

My hubby is the applicant and his ex wife is the respondent, the family Advocate seems to think that the mother is better suited to take care of the child whilst the father by every evidence we produced to the Family A is better suited as he is more stable and pays for everything. The mother stays with her Fiance and their baby while the child moves from one house to the other on a weekly basis. Lets juts say its very clear that the FA based the decision on emotional closeness between the mother and child only...They didnt take into account her instablility.

If they fight this is court, what chance does my hubby have to win if the EX has favour from the FA?


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Our expert says:
Expert ImageFamily law expert

The court is not bound by the Family Advocate's recommendation. The best interests of the child is paramount and the court as upper guardian will uphold his/her interests. If staying with the ex is not in the best interests of the child, then your husband's attorney should argue on that basis.

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

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Our users say:
Posted by: family law expert | 2011/01/16

The court is not bound by the Family Advocate's recommendation. The best interests of the child is paramount and the court as upper guardian will uphold his/her interests. If staying with the ex is not in the best interests of the child, then your husband's attorney should argue on that basis.

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

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