Posted by: Floyd | 2011/05/05

Child Custody

The Divorce Decree stipulates that the child will stay with mother and must visit me fortnightly and on Holidays. The problem I have currently is that the ex-wife refuses to let the child visit me. The last time I saw my child was 1year 3 months back. I went to social workers for help, to no avail. I need help asap.

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Our expert says:
Expert ImageDivorce support expert

The amended children's act states that both parents have equal rights and responsibilities.
Parental alienation is a very real and unfortunate problem and should on no account have anything to do with paying maintenance and withholding payment of maintenance is illegal.
This is a very long time for not seeing your child and this should be addressed with the Children's court. You have the right to see your child and your child has the right to have a relationship with both parents.
Unless there are valid concerning reasons for the child to be with you, the mother cannot withhold access.


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Our users say:
Posted by: Anon | 2011/05/22

FIO - Should such a court order be obtained does it have to be served on the other party, or can it just be put in place with further steps been taken with out the order ever been shown to the other party?

Reply to Anon
Posted by: FIO | 2011/05/10

I would not withold maintenance as the court will look at this as neglecting the needs of the child, and using the child to fight your battles.

Best thing to do is to go local Magistrates Court and file for a protection order preventing her from witholding contact without a valid reason or court order. Alternatively, approach the Childrens Court with a Form 2 Application " Bringing a Matter to Court in term sof Section 53 (Form J767), and the court will make an order. If she fails to comply she can be charged with non-compliance or contempt of court, or the Court can hold an Inquiry and order an investigation which would necessitate Family Advocate or Social Welfare compile a report to be subitted to the court within 90 days. The court will then review the report and recommendations and make an order.

Reply to FIO
Posted by: Laura | 2011/05/06

My heart goes out to you Floyd, I have a friend who is going through the same scenario and up to now the Children''s court has done nothing, unless you can afford an excellent trustworthy Lawyer I don''t think you have a chance as I have also heard these courts are so corrupt, I honestly hope you can get good advice, I have to add this friend of mine''s parents are also alienated from their grand children it is so, so sad Good Luck and God Bless !

Reply to Laura
Posted by: D | 2011/05/05

Does she have a reason to keep the child from you?

Reply to D
Posted by: Reka | 2011/05/05

Then stop paying maintenance.
If she does not adhere to the Divorce Decree, why should you?

Reply to Reka

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