My wife and i have been married for 2 years, she has a child from a previous relationship.

I work in the saudi arabia, my company gave me family status for my family but her ex won't sign for her to leave the country or for me to adopt the child.

I am paying 2 lifestyles now, one for my wife in south africa and one for me in Saudi Arabia, my wife is unemployed as she used to work with her ex partner and had to leave the workplace due to harrasnment and threats on a daily basis from her ex.

The father of the child does not pay child support and refuses me to see the child aswell. (even tho im paying lodging food clothes extra murals etc) 

Is it legal that my wife who ive married and her child cannot leave south africa to live with me? 

Is there a way for me to sue this ex of hers? or to get my family living with me in this country?

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

First, your wife should apply to the Maintenance Court for an order that her ex (the child's biological father) should support the child financially speaking. This she can do at her closest Maintenance Court. Just because she is now married to you, does NOT mean that her ex doesn't have to support the child. She can do this with the help of a lawyer, or by herself. It is quite simple. 

Secondly, if she is the primary caregiver for the child, her ex can't dictate who can see the child and who can't. If she has gotten married to you, he ex can't say that you are not allowed to be around the child. Only a Court of law can do that, and a Court will only do that if the ex can show that it is NOT in the child's best interest to be around you because of some sort of abuse or whatever. So, my advice is that your wife should stand up for her rights, and her child's rights, and tell the ex that he is not allowed to dictate things like this to her. When the child is with her, she chooses who can see the child and who can't. 

Thirdly, it is not about whether your wife is allowed to leave South Africa or not. Nothing is stopping her from leaving. The issue is that her ex CAN legally refuse her to take the child out of South Africa. That's the issue. If the ex is refusing, your wife is allowed to approach the High Court (which is the upper guardian of all children) and ask the High Court for permission to allow the child to leave the country. That will most certainly work, and unfortunately many people are doing this nowadays because many people are working overseas!

I think that the High Court route is where you guys need to go. Your wife would need to find a family lawyer to assist her and then basically sue the ex for an order allowing her permission to take the child out of South Africa to live with you in Dubai. Then, a Court will decide!

I can't refer you to a specific lawyer, but I can direct you to www.southafricanlawyer.co.za, where you can find a list of qualified lawyers in your area who will be able to assist you further!

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.

Att. Patrick

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