Question posted in the Family Law category relating to Gauteng
I was with my ex for 14 years and we had 2 children together. We were never married, the children are under my surname and we seperated about 18 months ago.
The situaution was physically abusive towards me, but unfortunatley I dropped all charges over the years. He has been living in CPT but is movingback to JHB this week.
Do I automatically have full custody over the children as we were never married etc and do I have control over as to them talking to him/ visitation etc? He is extremely volitile and I do want him having free reign with them to take them when he pleases or talk to them as he pleases. The children are 15 and 10.
Answer to the Question
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I think that it is clear that you are the children's primary care giver. You need to do what you feel is in the kid's best interests, especially with visitations. However you need to be aware that legally he is entitled to access to the kids. If you can't agree on the access rights, he will need to go to the Maintenance Court for an order.
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