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Question
Posted by: lost dad | 2010/05/26

run away mother

girl friend run away with the child change her work and home address basically no contact of her i can see my four old son .how can i trace what can i do inthis situation please help

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Our expert says:
Expert ImageFamily law expert

Section 23 of the Children’s Act 38 of 2005 provides that any person (including grandparents and other family members) having an interest in the care, wellbeing or development of a child may apply to the High Court or a Divorce Court or the Children’s Court, for an order granting to the Applicant, on such conditions as the Court may deem necessary –

a)contact with the child; or
b)care of the child.
... See More
When considering such an application, the Court must take into account –

a) the best interests of the child;
b) the relationship between the Applicant and the child and any other relevant person and the child;
c) the degree of commitment that the Applicant has shown towards the child;
d) the extent to which the Applicant has contributed towards expenses in connection with the birth and maintenance of the child; and
e) any other factor that should, in the opinion of the Court, be taken into account.

According to the family advocate the child has a right to get to know his grandparents, and the grandparents have a right to get to know their grandchild. The grandparents can in fact also be sued for maintenance if the biological parent cannot afford to financially support his/her children. I would very much urge grandparents in a divorce situation to play an active role in the lives of their grandchildren.

Answered by:
Bertus Preller - Family Law Attorney
KWJ Inc - Cape Town
http://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.

2
Our users say:
Posted by: family law expert | 2010/05/29

Section 23 of the Children’s Act 38 of 2005 provides that any person (including grandparents and other family members) having an interest in the care, wellbeing or development of a child may apply to the High Court or a Divorce Court or the Children’s Court, for an order granting to the Applicant, on such conditions as the Court may deem necessary –

a)contact with the child; or
b)care of the child.
... See More
When considering such an application, the Court must take into account –

a) the best interests of the child;
b) the relationship between the Applicant and the child and any other relevant person and the child;
c) the degree of commitment that the Applicant has shown towards the child;
d) the extent to which the Applicant has contributed towards expenses in connection with the birth and maintenance of the child; and
e) any other factor that should, in the opinion of the Court, be taken into account.

According to the family advocate the child has a right to get to know his grandparents, and the grandparents have a right to get to know their grandchild. The grandparents can in fact also be sued for maintenance if the biological parent cannot afford to financially support his/her children. I would very much urge grandparents in a divorce situation to play an active role in the lives of their grandchildren.

Answered by:
Bertus Preller - Family Law Attorney
KWJ Inc - Cape Town
http://www.divorceattorney.co.za
info@divorceattorney.co.za

Reply to family law expert
Posted by: G-Dad | 2010/05/26

Do you have her families contact details, they will know where she is, there are ways to find a person, but if does not work and rent a place like a granny flat or a room or live with a family member, you will battle to find her.

I take it you are not married, in terms of the new child act you have rights but the mother can dispute the rights, this mean you can do nothing until you find her, then I suggest you try and get the courts to make your parental rights an order of the courts, this mean the mother still have the child, just you have access rights ect defined.

Do you currently pay maintenance, if so do you pay the money in her account, if so then it is very easy to find her, she need to draw the money which will lead you to the area she lives, unless she is clever and go to another town to do her withdraw from her account.

Reply to G-Dad

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