advertisement
Question
Posted by: Anon | 2010-08-23

Guidance pls

Hi,im in the process of getting divorced,We have a 2yr old daughter.I have agreed to every second weekend with her Dad as I felt this is fair and important for our daughter. Upon receiving a copy of the divorce summons he is asking for her every second week including a weekend. I nearly fainted. I do not think this is in the best interest of our child. To be from one home to another? Secondly he has a son from a previous relationship, whom he hardly had access to due to circumstances, he never proceeded to obtain access either, eventhough i encouraged it.This weekend past my daughter told me she played with her brother.I nearly drove into the car infront of me! He never discussed this with me, I feel that this is pyschologically not a good idea. With our separation now all of a sudden she has a brother. I dont think this was a wise decision &  should have been discussed with me first. I will discuss this with my lawyer as i think what else is she going to be exposed to whilst in his care? Any advise/comments. Tx

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

Given the age of your child access should be limited to the extent that it will not infringe upon the stability of her upbringing. Our courts and for that matter the Family Advocate have constantly taken the view that more open access should only be allowed from the age of 4 onwards and that a child of that age have a strong bond with the mother. In saying this, there are the exclusions, but I am of the opinion that you will succeed in limiting access till the age of 4, remember that the most important consideration should always be "what is in the best interests of the child"

Bertus Preller
www.divorceattorney.co.za
info@divorceattorney.co.za

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: Nikki | 2010-09-06

Hi Anon

I am in the same situation with my partner, his daughter comes to us every second week and weekend. This causes confusion with the child as there are different rules at each home. They develop confusion as they would not know which parent to listen to as they get older. Maybe you will allow the child to do something that he wouldnt.

There is no stability and you will see that you lose control over what happens to the child. The child will be affected by moving around every second week.

Reply to Nikki
Posted by: family law expert | 2010-08-28

Given the age of your child access should be limited to the extent that it will not infringe upon the stability of her upbringing. Our courts and for that matter the Family Advocate have constantly taken the view that more open access should only be allowed from the age of 4 onwards and that a child of that age have a strong bond with the mother. In saying this, there are the exclusions, but I am of the opinion that you will succeed in limiting access till the age of 4, remember that the most important consideration should always be "what is in the best interests of the child"

Bertus Preller
www.divorceattorney.co.za
info@divorceattorney.co.za

Reply to family law expert

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