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Question
Posted by: Liza | 2009-12-15

Shelby

Answering your questions:

My ex-husband has custody of our two boys since they suffer when I get mood swings. I also had to move to Cape Town when I got a job offer after a long period of unemployment. My boys stay in Pretoria with their dad, step-sister and step-mom. Even though I love my boys to bits - their step-mom is a much better daily caregiver than what I could consistently be. At times I can give them what they need, but being bipolar - I have immense difficulty in being consistent.

ECT stands for electro-convulsive therapy. The doctor sends a light electric current through the brain, inducing a convulsion - under general anaesthetia. It messes with short-term memory a bit. I cannot remember much for the month of November before the ECT. After the ECT - I have to write everything down. Another cognitive impairment is that I have difficulty retrieving things from long-term memory. The memories are all still there - what happens is that yesterday I could remember my internet banking details.(Haven' t changed it in the past year, thus the info is in long-term memory) Today I cannot remember my details and have to look them up in my little black book. Tomorrow I might or I might not be able to do internet banking from memory.

And then your legal issues - you should not have given him access to the bank account before he had surety. Legally he is not the owner of the business YET so he cannot be given any profits and has to pay back any money that was removed from the account by him for his own use. Getting the money back could be a problem however. The first thing you have to do is ensure that he does not have access to the account anymore - so that he cannot withdraw anymore amounts. Suing him for the money would be part of the legal process - but a part that I think you will not have much success with unless he has personal assets that can be auctioned off. There will also be some kind of statute of limitations which would specify how long he could take to get surety - if it isn' t specified in the contract. It isn' t legal for him to take as long as he wants to get surety.

Good Luck
Liza

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