Asked by Tayla on 17-06-2021 14:19:57
Question posted in the Family Law category relating to Gauteng
I currently have a case under investigation in the children's court. Simply put my child is in temporary safe care pending investigation under the social development social worker. I would like to know if I am allowed to request and receive documents of the case file. As I need to find out what the allegations are and orders made by the court. I did hand in a certified affidavit stating that I request a copy of the file for myself that I gave in to the magistrate at the last hearing I attended.
The clerk of the court keeps asking me to come back each week due to different reasons.
Last week I went and asked for it she then again asked me to come back next week so I went and saw the supervisor. The clerk told the supervisor datafile just arrived but she cannot provide me with the copies and says I am not authorised to receive it and that it was because it has contents of a sensitive nature and that my attorney should receive it.
She stated that the magistrate did approve the affidavit that I gave in was approved. Even the social worker has advised that I collect copies from the court.
Am I allowed access to my file and who can I speak to ?
If you would like to view the entire answer, you will need to either login or register a FREE account.
DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA 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 SA 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.