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Question
Posted by: Greig | 2010-06-22

Divoorce and Custody of Children

I will try keep this as brief as possible. My sister and her husband are getting divorced. They have 2 small children (1 is 3 years old and the other is 1). The divorce proceedings have been dragging on for about 10 months, and the husband is suddenly now instituting a new lawsuit for divorce which he is lodging with the High Court, and suing for various custody rights, as well as making some wild and ludicrous claims of abuse (saying HE was abused by my sister).

Apart from the fact that this route will become very expensive, my question to you is: Is there any sort of basic accepted structure for custody of children, ie. Visitation, having the kids on weekends, holidays, Wednesday nights (bearing in mind the ages of the kids)? Also, I''d like to know what are the ramifications of the High Court? My sister had originally instituted the divorce proceedings, and now her husband is suing for divorce?

Thanks

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Our expert says:
Expert ImageFamily law expert

Issuing summons in the High Court with a pending action in another Court will be improper and a defence of res judicata may be raised. I would however need a bit more information to be able to advise you properly. There is a standard structure with regard to access and visitation, depending on the children's ages and any access or contact must be in the interest of the children.

You acn contact me on info@divorceattorney.co.za for further advice and also furnishing me with more details to be able to advise your sister properly.

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.

2
Our users say:
Posted by: Greig | 2010-06-23

Thanks, I will send you an email with further details.

Reply to Greig
Posted by: family law expert | 2010-06-23

Issuing summons in the High Court with a pending action in another Court will be improper and a defence of res judicata may be raised. I would however need a bit more information to be able to advise you properly. There is a standard structure with regard to access and visitation, depending on the children's ages and any access or contact must be in the interest of the children.

You acn contact me on info@divorceattorney.co.za for further advice and also furnishing me with more details to be able to advise your sister properly.

Reply to family law expert

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