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Question
Posted by: Jolande | 2011/01/10

Parental grantparents rights

I am concerned about my yougest child (5years) me and his father was divorced 2 years ago, he does not see the child at all, according to our settlement agreement he is supposed to see him every second weekend, but he never came to pick him up and now he just vanished I do not know where he lives, all i know is that he is married again. His parents has my child every second weekend and demands him every school holiday. i was in an abusive marriage and that is why we got divorced. My child was with them almost the hole December and when he came back he told me they had a nasty fight and his elder stepbrother hit holes in the door and they hit each other thru the faces, I dont want my child to grow up like his dad and abuse his wife and children. So i am scared to sent him there for more visits. Do his grantparents have a right to see him, or can i refuse?

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Our expert says:
Expert ImageFamily law expert

I would refer the matter to the Family Advocate to envistigate whether a variation of the current agreement may not be in the best interests of the child. Surely if the status quo is to the child's detriment I see no reason why you won't be able to vary the existing arrangment by way of a court application.

Bertus Preller
B.Proc; AD Dip L Law
Divorce and Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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Our users say:
Posted by: family law expert | 2011/01/16

I would refer the matter to the Family Advocate to envistigate whether a variation of the current agreement may not be in the best interests of the child. Surely if the status quo is to the child's detriment I see no reason why you won't be able to vary the existing arrangment by way of a court application.

Bertus Preller
B.Proc; AD Dip L Law
Divorce and Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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