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Question
Posted by: SJ | 2011/01/18

SHE IS PREGNANT AND NOT TALKING

HI

I would like to find out about the following situation that my brother is in.

His girlfriend found out that she was preggies, and they were a very happy couple. lets call her Sue. Now Sue is on very strong anit depressants and mood modifing drugs which she had to stop taking as a result of the baby. as time went on Sue started to act not herself as she is not on her meds. She has gotten to the point were she is not talking to my brother at all. For about 3 months now she has not given him updates as to how his baby is doing. My brother has been giving Sue R1000 a month from the time that she found out she is preggies to put away for when the baby is here. We dont know if she was saving it or using it so he stopped giving it to her and he started to keep it. He trusted her with the money as they were in a relationship and engadged to be married. She had booked a hospital room at the Hospital that they spoke about only to find out that she has secretly changed the hospital that she is going to without telling him. My brother has tried to contact her just to find out how she is and how thier baby is doing, but she either doesnt reply or gets someone else to answer the phone and tell him to stop phoning her as she wants nothing to do with him.

My brother is now very depressed with the situation he realy wants to be apart of this babies life, but at the moment he is scared that she will not let him see the baby.

my question is what are his rights as a father at the moment in this situation. the baby is due next month in Feb and he would like to see it once it is born. Can he legally do anything to find out when and where she will be giving birth and how must he go about seeing the baby after it is born.

thank you for any help that you may provide.

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Our expert says:
Expert ImageFamily law expert

Once the child is born and your brother contributed to the child in the form of maintenance or otherwise he automatically receives parental rights to the child, the mother can't violate his right as same is enshrined in the new Childrens's Act.

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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4
Our users say:
Posted by: FIO | 2011/01/22

Section 21 stipulates the conditions under which an unmarried father has full and equal rights and resposnibilities as the mother. He must consent to being father, must have contributed or at least attempted to contribute to birth/upbringing etc to qualify for those rights.

If this is the way she is acting, he can approach the court and ask for an interim interdict preventing her from alienating him. Go to local magistrates court, which now also act as Family Courts, and request such an order.

If he has the money, when the child is born or even before the child is born, he can request the court order an assessment of the mothers ability to adequately protect and raise the child, as the Childrens Act makes provision for courts to order such assessments.

When the child is born, she cannot refuse contact. This is why he must obtain the interdict now rpeventing her from doing so, and allowing him access during birth.

If she transgresses, it could be the beginning of grounds for him to be the primary care-giver of the child, and that the child lives with him, not her. It could get ugly, but if she is on meds and has some psychological disorder that can be proved through reliable assessment by an independent expert who is recognised and respected by the courts, he can obtain limited rights and responsibilities for her, and become the primary care giver. Everything is depependent on what can be considered to be in thew best interests of the child, as per Section 7 of the CHildrens Act.

By law, she is not allowed to refuse contact or alienate father, so go now to court to get protection in anticipation of what is to come.

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

Once the child is born and your brother contributed to the child in the form of maintenance or otherwise he automatically receives parental rights to the child, the mother can't violate his right as same is enshrined in the new Childrens's Act.

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

Reply to family law expert
Posted by: GT | 2011/01/20

HI
He has just as many rights as a divorced father has after the baby is born. Out of wedlock.
If she refuses him in seeing the baby he must take it up with the child court and family advocates office

Reply to GT
Posted by: not sure? | 2011/01/18

I am not 100% sure about this but I think that unless they are married the father has no rights or claim over the child.

Reply to not sure?

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