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Question
Posted by: Anon | 2010/09/14

magistrate as a witness

HI

Wonder if you can help.
My ex threatened infront of a magistrate that he will commit family murder. It was noted in the notes that he was making.
I was then awarded a interim protection order against him.
He refused to sign for it and a note was attached that he would not sign for it as he believed the whole system is corrupt. It was made an order in Dec 2009.
I then still offered him time with the kids in Dec and he refused telling the Counslig psycologist that is working in conjunction with the lawyers that his kids are dead and he no longer can trust them. I then requested another evaluation of his mind set in Jan before we would allow him to see the kids on the request of the psycologist. THis has never been done.
It has been fine now and he has not made any effort to contact the kids.
Now out of the blue he wants the order removed.
can I ask the magistrate to be my witness, or do I just need a copy of the notes that he had made. He has also already been removed from the building by the security for threating the two maintenance prosecuters - can they also be asked to stand witness.
I also have a previous case were he kidnapped the kids and a case for verbal and emotyional harrasment that he was arrested for.
how do I go about this one. Due back in court 22 September

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Our expert says:
Expert ImageFamily law expert

During argument on 22 September you will have to refer the presiding member to the averments / record of the previous hearing. The court will note that evidence, which surely will be a factor that they will take into account when making an order.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
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.

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Our users say:
Posted by: family law expert | 2010/09/19

During argument on 22 September you will have to refer the presiding member to the averments / record of the previous hearing. The court will note that evidence, which surely will be a factor that they will take into account when making an order.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
www.divorceattorney.co.za
info@divorceattorney.co.za

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