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Posted by: melanie | 2011/01/27

URGENT ADVICE REQUIRED PLEASE

Good Day
My daughter fell pregnant whilst in the UK and returned to have her baby here. The father of the baby came out and they got married in court in April of 2009. He returned to the UK and the relationship since broke down. He only paid R300 maintenance for 3 months and since then has had nothing to do with my daughter or her child. What is her first move to dissolve this marriage. She cannot afford a private lawyer but desperately needs to get this done in the case of something happening to her and the child being ''given'' to the father.

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Our expert says:
Expert ImageFamily law expert

I would suggest going to the regional magistrates' court in you area requesting the registrar to assist her with the process. Summons for divorce need to be issued. The dilemma is that the summons must be served on him personally, which is costly with him being in the UK. However, through a process of substituted service this may be overcome. The best would be to see an attorney or in case she has no financial resources to go to the Legal Aid Board in your area. The father will retain parental rights in terms of the Children's Act, unless the High Court declares otherwise.

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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2
Our users say:
Posted by: family law expert | 2011/01/30

I would suggest going to the regional magistrates' court in you area requesting the registrar to assist her with the process. Summons for divorce need to be issued. The dilemma is that the summons must be served on him personally, which is costly with him being in the UK. However, through a process of substituted service this may be overcome. The best would be to see an attorney or in case she has no financial resources to go to the Legal Aid Board in your area. The father will retain parental rights in terms of the Children's Act, unless the High Court declares otherwise.

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: FIO | 2011/01/27

Divorce will not change the status of this man as the childs father. The only thing that will change this is the father giving up all his rights and responsibiities, such as guardianship etc, in which case he would have no claim over his daughter shoudl something happen to mom. Mom can then give co-guardianship to another person whom she chooses. If he wanted to have his child back, he would have to apply for adoption, which he would be unlikely to get.

Even giving up his rights would not make him no longer liable for maintenance.

I will find out more how you can file for divorce and get it, but remember that does not change his status as father of the child. In the divorce application I think the mother can ask for guardianship etc to be revoked due to abandonment. I will find out. Either way, she is likely to need an attorney to help her.

Reply to FIO

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