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Question
Posted by: Bella | 2010/09/06

Visitation with protection order

need solid truthful and lawful advice, I am separated from my abusive, narcissistic husband, have a protection in place against him and confirmed, we have a 10 month old baby, can anyone tell me how in the world is the visitation rights going to work. He is not allowed any contact with me or I him, if any contact, I COULD BE ARRESTED OR HIM. So what now?

Please urgent replies needed, I dont need him to put legal action against me for not seeing his child, that is not what I am doing, he has not paid a cent maintenance for 2 months, I dont know what to do?

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Our expert says:
Expert ImageFamily law expert

The protection order will have the effect that your husband may not contact you. It should be noted that a protection order may not be used to prohibit access to a child, if such contact is in the child's best interest. Given the age of your child only supervised contact will be applicable at this stage. Thus your husband will have to approach the court to vary the order to gain access to the child. You will act perfectly within your rights if you hold him to the order at this stage and will not be violating same.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
bertus@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.

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Our users say:
Posted by: family law expert | 2010/09/09

The protection order will have the effect that your husband may not contact you. It should be noted that a protection order may not be used to prohibit access to a child, if such contact is in the child's best interest. Given the age of your child only supervised contact will be applicable at this stage. Thus your husband will have to approach the court to vary the order to gain access to the child. You will act perfectly within your rights if you hold him to the order at this stage and will not be violating same.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
bertus@divorceattorney.co.za

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