Hi,I'm a 39 year old male and I recently...

Asked by Baba on 08-11-2024 21:32:05
Question posted in the Family Law category relating to Gauteng

Hi,

I'm a 39 year old male and I recently became unemployed in January 2024 and I have a 2 year old daughter who lives with her mother.

Since May 2024, the mother has denied me access (including WhatsApp video calls) to the child. I had always provided for the child since she was born in 2022 until end of May 2024. I also used to visit the child at least 2-3 times a week. The mother of the child was also not working the majority of 2023; therefore I was the sole breadwinner.

Even though the relationship between myself and the mother of my daughter ended prior to the birth of our child, I continued to live with her (the mother) and child until December 2023. She instructed me to leave due to constant disagreements we had about the raising of the child, but I continued to keep visiting the child and spending time with her.

As I now find myself unemployed and no vehicle, I applied in court for an order to exercise my rights as a father. Bearing in mind that for over a year of the child's existence I was the sole breadwinner, but no longer living with the child and the mother has denied me access, what are the chances the court can rule in my favour to compel the mother of my child to bring the child to visit me and do sleep overs every second weekend (Fri-Sun) and that the child spend the December 2025 holidays with her paternal family? I am living with and supported by my 74 year old father who is a pensioner and the home is in a security housing complex. Meaning food, shelter and safety is guaranteed as this is also the same place of residence I would bring my daughter to visit quite often prior to the mother blocking me access to the child.

As mentioned, I am unemployed, but she's no longer unemployed, but in addition, she now has a lot of money. I need to find out if she can be made to fulfill the costs to bring my daughter every second Friday and fetch her on Sunday.

Thank you...

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