Good MorningMy brother and his Ex fought...

Asked by Cherease on 09-04-2020 12:58:26
Question posted in the Family Law category relating to Gauteng

Good Morning

My brother and his Ex fought for custody of their child.

In the legal documentation that I have been through there is a paragraph that states that neither parent may leave Gauteng without written consent from the other parent.

The mother has since moved to Lady Smith and the Father did not take the matter further because the courts in Gauteng stated that he has to go to the courts in Lady Smith to sort out the issue.

the financial implication of going through to Lady Smith every 2 weeks for a court date was not financially feasable and therefore the father could not take the matter further.

I also found in the documentation that they both have parental rights over the child

This was when the child was 2 and a half years old.

The child is now 8

My brohers Ex has passed on and lived in Lady Smith.

His child is now down there with the deceased family.

The family has now informed him that he cannot fetch his child and that a social worker will be in contact, because in her Will she stated that she would like the child to stay with her family and not the father of the child.

Due to the lockdown he has not gone to fetch him yet, but what does he need to do to ensure that he can fetch his child?

Please adise on what he needs to do in order to fetch his child as soon as possible.

The mother took all the childs documentation (ie: Birth cirtificate) with her.

The family has been asked for the last week to sent through the notification of death/death certificate and have not done so.

Answer to the Question

Posted by Att. Patrick on 10-04-2020 19:42:07

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.

No, she can't simply "leave" the child to her family. 

The father has the absolute right to the child. He is the primary caregiver now. There is no basis on which the family can "claim" the child. 

Att. Patrick

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