My ex wife has a new boyfriend. He has a...

Asked by MorneT on 11-04-2016 05:03:45
Question posted in the Family Law category relating to Eastern Cape
Question value: R 200.00

My ex wife has a new boyfriend. He has an ex wife who, some years ago, had him arrested for contravening a restraining order. I'm not happy that when my kids are with her, they are traveling with him, staying at his house, and him sleeping at her house. My question is: is there any way I can find out the circumstances around his arrest?
Is there anything I can do to limit him being in my kids company?
Thank you.
Morne Terblanche.

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Answer to the Question

Posted by Att. Patrick on 11-04-2016 11:19:59
Hi there and thank you for your question,

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

I'm afraid that there is going to be (at first) not a lot that you can do to stop your ex wife letting her new boyfriend be around when your children are around, unless you can prove that the new boyfriend is actually a danager to your children.

I know that you will say that his past actions are an indication of his manners, but unfortunately the courts do not always listen to previous arrest records etc for that very reason. Perhaps the person has changed...

Q: Is there any way I can find out the circumstances around his arrest? --> This is going to be difficult and involves finding the CAS number for the docket, and speaking to the investigating officer (IO) and asking him/her to divulge information to you from the docket which you're not entitled to see. For that reason I don't think that you're going to get any luck there. What you can do however is to find the case number of the Magistrates Court case where the restraining order was granted, and read the affidavits which were filed. Those are public documents and all you need is the case number and the name of the parties.

Q: Is there anything I can do to limit him being in my kids company? --> Not really, but you can start by building up sufficient evidence about who he is as a person and how he acts at home when the children are around. Ask them how he is, and what he gets up to. Keep a diary in which you record what they tell you. This will prove MOST handy when you eventually want to approach the Family Court / the Family Advocate for an order forcing your ex-wife to keep the new boyfriend away.

Att. Patrick

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Answer Accepted

This answer was accepted on 11-04-2016 15:40:23

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