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Question
Posted by: Tommy | 2010/06/15

My ex is a pain

I am paying maintenance every month, my ex-wife don''t want me to take the kids out with my girlfriend, she filed for an interdict against me to keep the kids away from my girlfriend. My kids like my girlfriend and she them. My girlfriend did no harm to the kids or my ex.
Will the court approve the interdict? I think she is just ridiculous because she don''t want to move on with her life.

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Our expert says:
Expert ImageFamily law expert

Hi Tommy,
The court will always make an order that is in the best interest of the children. If they are of a mature age, close to 10 years of age the Court will certainly take their views also into consideration. The court will inly make an order when the Family Advocate investigated the issue and will be directed on account of the outcome of the Family Advocate report. I will certainly, if I was you oppose the application.

Answered by
Bertus Preller
Family Attorney
KWJ Inc.
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.

3
Our users say:
Posted by: family law expert | 2010/06/16

Hi Tommy,
The court will always make an order that is in the best interest of the children. If they are of a mature age, close to 10 years of age the Court will certainly take their views also into consideration. The court will inly make an order when the Family Advocate investigated the issue and will be directed on account of the outcome of the Family Advocate report. I will certainly, if I was you oppose the application.

Answered by
Bertus Preller
Family Attorney
KWJ Inc.
info@divorceattorney.co.za

Reply to family law expert
Posted by: Dawn | 2010/06/15

My deepest sympathy, I would take G-Dad''s advice. Your ex is obviously very jealous because you have moved on, my son has the same problem with his ex, you know the saying goes ''you might be divorced but as long as there are children, you never divorced'' Good luck !

Reply to Dawn
Posted by: G-Dad | 2010/06/15

At this stage keep your side clean, if there is no order yet then the magistrate want to hear your side first, if there are an interim order then you can anticipate the trial date of protection order meaning that she will have 24 hours to say her say in front of the magistrate.

Unless she has proof and a valid reason I doubt that the courts will grant such an order as it sound pathetic, have you got a copy of her statement as well, if not I suggest you get a copy from the court to see what her reason is for such an application.

Reply to G-Dad

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