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Question
Posted by: Caesare Lawrence | 2011-05-12

rights to take my son

my sons mom .. Went with me to the family advocate office, we agreed to a plan and then she afterwards went to hand an interdict in against me as well... U know anything I can do? she has bipolar
I’ ve never been married to my girlfriend and we have a child together. He is a year old currently. She has recently been diagnosed with bipolar type 2 and is also on medication. She’ s also been violent towards me and some family members. Question is regarding my son, what do I do? And her mother wants to have her admitted but not overnights, what do I do to see my son as they never really wanted me to take my son for a day, and with having her in hospital they will have my son there to majority of the time and with my work hours or when I’ m off how do I see him?

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Our expert says:
Expert ImageFamily law expert

I would oppose the interdict. A Domestic Violence Interdict or Restraining order can't be used to block access to your child. You may wish to contact a family lawyer or go to your nearest Children's Court and lodge an application for care and contact.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za

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2
Our users say:
Posted by: family law expert | 2011-05-14

I would oppose the interdict. A Domestic Violence Interdict or Restraining order can't be used to block access to your child. You may wish to contact a family lawyer or go to your nearest Children's Court and lodge an application for care and contact.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
W: www.divorceattorney.co.za

Reply to family law expert
Posted by: FIO | 2011-05-12

She agreed to the plan, you need to have this plan made an order of the court. Did you both sign it, or was it a verbal agreement? Get the Family Advocate to write a report to submit to the court as evidence, and then apply to the CHildrens COurt for what you want in terms of the FA report. (Just to let you know, I had a fight with the Magistrate at Childrens Court today because we had different interpretation sof the Act. I''m also an unmarried father, but there is no dispute between ex and I over responsibilites and rights, only the exercising of those rights. The Magistrate was insistent on a Section 21 certificate from Family Advocate, and I insisted that one was not required as there was no S21 dispute. She disagreed with me. So while in proceedings I got the FA to email magistrate and call her, and explain that she was wrong in demanding a S21 certificate. P''d magistrate off to no end! Basically, Magistrates are often very clueless when it comes to implementing CHildrens Act)

In terms of interdict, what type of interdict did she get, what for and is it an interim interdict or not?

Whether she has an interdict or not, she made an agreement with you and FA, so it should be followed through. Get a report from FA and take it Children''s Court, they can make it your agreement an Order of the Court.

Reply to FIO

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