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Question
Posted by: Jessica | 2011-06-07

Grandparents are a rash &  I can''t trust them

The ex husband and father to my kids is scheming to steal my kids from me.

He never calls them, he doesn''t pay maintenance or take care of anything as agreed in divorce decree.

In the past I would send the children to visit his parents, but then I had problems getting them back as they would refuse to bring them back. Th last incindent I had to literally go and steal my kids. The gogo apologised for that.

This year they haven''t contacted the kids at all and he hasn''t paid school fees nor the maintance. The grand father phoned and asked for the kids to visit this June and I agreed. but I am hearing that they have been calling the kids and telling them to pack everything for the visit and telling them about their new schools.

I can''t help but feel that they want to steal my kids again.

What can I do legally to prevent this? I''ve decided that I won''t send them to Ulundi these holidays, but I don''t ever want to be in this situation again.

The kids don''t want to go there, but they are afraid to tell them that. Their father is not interested but it''s his parents that are nags.

What can I do.

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Our expert says:
Expert ImageFamily law expert

I would consult an attorney to place everything on record before they visit in a letter addressed to the father and warn in no uncertain terms that you will lodge a court application if they do not return the kids. You did not mention the ages of the children.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za; W: www.divorceattorney.co.za; Blog: www.divorceattorneys.wordpress.com;
Twitter: www.twitter.com/edivorce;
Facebook: www.facebook.com/divorceattorneys

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5
Our users say:
Posted by: Jessica | 2011-06-30

The kids are 9 and 7 years old.

Reply to Jessica
Posted by: Just Saying! | 2011-06-08

No way are you mad dont send them at all, they can visit them at your place under your watchfull eye.

Reply to Just Saying!
Posted by: family law expert | 2011-06-08

I would consult an attorney to place everything on record before they visit in a letter addressed to the father and warn in no uncertain terms that you will lodge a court application if they do not return the kids. You did not mention the ages of the children.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za; W: www.divorceattorney.co.za; Blog: www.divorceattorneys.wordpress.com;
Twitter: www.twitter.com/edivorce;
Facebook: www.facebook.com/divorceattorneys

Reply to family law expert
Posted by: XYZ | 2011-06-07

Unless there is a court order stating that the children HAVE to go the the GRANDPARENTS, then they have absolutely no say in the matter whatsoever.
Don''t send the kids - if they are that interested then I am sure that they will be happy to cover the maintenance costs themselves. BTW - you CAN sue the grandparents for maintenance if the father refuses to, or cannot, pay himself. Google this judgement - it was made in the Simonstown court.

Reply to XYZ
Posted by: Shaz | 2011-06-07

Hi Jessica

If I was you, I would not even consider sending my kids to them ever again! Once bitten twice shy! Rather be safe than sorry! As for maintenance/school fees/etc. go to the Maint Court and get them to sort it out for you!

Reply to Shaz

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