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Question
Posted by: Ann | 2010/07/20

What are my rights: interference from ex and his wife

My ex and I divorced 12 years ago when my son was only 2 months old. The children (boys) were 3 years and 2 months old. He had an affair and married the women he had an affair with. I also remarried and have 2 other children with my new husband. Because of financial difficulties, my ex was unable to help with school funds, medical aid etc. and only pays R600 maintenance per month per child. I pay all the rest including school clothes, medical expenses etc. They have the children every second weekend, 2 holidays per year and pick them up at school everyday.
My ex and his wife tries to rule everything in our house. For example, our medical aid is depleted and I self-medicated my son who has flu. They sent me an sms demanding me to take him to a doctor. I replied that my medical aid is depleted and that they are welcome to take him to the dr. at their expenses, as his symptoms is not serious at all. Last weekend was my weekend and I took my sons to the movies in the middle of the day 15h00, they sent me an sms critisizing my decision to take them to the movies while they are having the flu. I feel they are invading my private space. They also dictate when my sons can go out at weekends and in the week. I am the legal guardian of this children. Is there anything I can do legally to prevent them interfering in my life. I raised this children all by myself in very difficult circumstances and made a success out of it. They are well-behaved and do extremely well in school and sports. The ex and his wife want to rule everything, but not help with the expenses.
What are my legal rights? Can I get an interdict from them interfering in my life?

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Our expert says:
Expert ImageFamily law expert

You surely will be able to bring an interdict prohibiting them from interfering in your life. I would go a step further and vary the existing maintenance order, forcing them to contribute towards the maintenance and possibly also consider varying the existing agreement concerning contact and access to children, this however will need to be in the interests of the childre. The Family Advocate will then give a report, which will entail a proper parenting plan.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/07/21

You surely will be able to bring an interdict prohibiting them from interfering in your life. I would go a step further and vary the existing maintenance order, forcing them to contribute towards the maintenance and possibly also consider varying the existing agreement concerning contact and access to children, this however will need to be in the interests of the childre. The Family Advocate will then give a report, which will entail a proper parenting plan.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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