Mother refuses to send kids back

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Posted by: Moses | 2012/09/12

Q. Mother refuses to send kids back

Hi,
I was not married to the kids mother and i was given custody of the kids. I live in Gauteng with the kids and the mother stays in Cape Town. The kids were with her for the July school holidays and up to date she has not sent them back. She refuses to send the children back. The police in Cape Town did go to her house and she was not there. The kids are not out of school from July.

Please can you advise me on what actions can be taken.

user comments

Posted by: G-Dad | 2012/09/14

She most probably gave you a false address, she must have a job or a car registered in her name, I will approach the children courts and obtain an urgent court order with warrant of arrest for her to return the children immediately, but if you had joint custody, she has just as much right to keep them as you, on long distance between parents the courts do not generally grant joint custody or joint primary residence, meaning that you should go to court and get it changed immediately and get the kids back, the longer the kids stay with her, the smaller chance you have of getting them back or get an order in your favor.

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