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Question
Posted by: desperate jane | 2011/01/21

separation

hello my husband and i are going through a separation - thing is he is from another country - in europe and while we both in south africa he wants to now go back home - and obviously would like to take the child with him the child is one years old. and was origionaly born in europe where he is from.. he knows that he cant take him from me but i am worried that while i am in work he will eventually do this .

How do i make sure that my son does not skip the country with his father?

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Our expert says:
Expert ImageFamily law expert

You will need to approach the court to obtain an interdict if you are of the bona fide belief that he will take the child with him. Altough both parents must consent when a child is to leave the country, your situation is problematic in the sense that the child is not from South African decent and as such he will be able to move the child without you knowing. Therefore, I suggest that you consult an attorney.

Bertus Preller
B.Proc; AD Dip L Law
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: FIO | 2011/01/22

The child obviously has a foreign passport therefore he can take child out the country without you knowing about it.

Do you have a PArenting Plan or a Parental Responsibilities and Rights Agreement in place as per the CHildrens Act of 2005? If not, I strongly suggest you approach an attorneyk, and through the attorney request the drafting of such agreements. In the interim, approach your loval magistrates court and obtain an interdict preventing him from doing anything untilsuch time as either of these agreements has been drafted and made an order of the court.

In the agreement you can stipulate the conditions of removal etc. You will be required by law to attempt mediation first in order to draft the agreement/s, and if that fails then you can approach the court for litigation.

But as mentioned above, immediately request the drafting of a PRRA and/or PP, and immediately seek an interim interdict (Protection Order) through your loal magistrates court (its free of charge and can be within 1 day) preventing anything from happening pending the drafting of such agreements.

Reply to FIO
Posted by: family law expert | 2011/01/22

You will need to approach the court to obtain an interdict if you are of the bona fide belief that he will take the child with him. Altough both parents must consent when a child is to leave the country, your situation is problematic in the sense that the child is not from South African decent and as such he will be able to move the child without you knowing. Therefore, I suggest that you consult an attorney.

Bertus Preller
B.Proc; AD Dip L Law
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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