Asked by Thembile on 09-01-2020 23:51:40
Question posted in the Family Law category relating to KwaZulu-Natal
Hi,
please help. My ex husband has filed for motion under 6(12).
he wants to take my son. In his affidavit, he mentioned somethings that are not the truth and some facts are twisted for his benefit.
How should I respond and stop him from taking my son away. He is very abusive even to the child. He is not responsible as a father as well.
I am currently in hospital and matter will be heard in about 8 hours time.
Please help.
Message from the Lawyer
Posted by Att. Patrick on 10-01-2020 09:25:25
Hi there,
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
In short, you are entitled to file an affidavit setting out what you say the truth is. If the court finds that it can't determine what the truth actually is, the court can refer the dispute to oral evidence, which will mean that your ex-husband will need to stand up and testify in court, and you can cross-examine him.
If you are not able to be in court, you need to brief an attorney to assist you!
Att. Patrick
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.
If you would like to view the entire answer, you will need to either login or register a FREE account.
Disclaimer
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.