Question posted in the Family Law category relating to KwaZulu-Natal
My name is Yvonne and I have a 4 year old daughter. Her father and I are divorced and share custody. Even though he has put me through hell, I tend to ignore his continuous efforts to break me as I have a career to build.
On 13 August he picked our daughter up for the weekend. Saturday I had picked her up for 2 hours as it was my cousins funeral. Thereafter dropped her back and her father's house.
Initially, I did not want to take her to the funeral as I was afraid of how many people would come, once I knew we had a covid safe arrangement, I decided to take her as she cried to come.
Sunday, 15 August, her father, Luke, called me and informed me his father tested positive for covid. Said his father had been isolating since Thursday and our daughter had no contact with him. He said he will be dropping her off at my house early.
He returned her to my house at 1.30pm. Insisted she had no contact with anyone in his house.
Wednesday, 18 August, my daughter fell very ill. Terrible fever all through the night. I knew she had covid.
I called him Thursday morning to tell him, he said she can't have covid as she was never in contact with anyone at his house. I took her for a test and she was positive. I was pissed off that he had taken her to his house knowing very well that his father had covid. My daughter, Allana, has wheezing.
He came to my house after I told him she was positive. He came with no mask, still carrying our daughter etc.
He said he tested negative, so he has no idea how she got it. As I was extremely mad at the time, I chose not to talk to him. The next day he had symptoms. So did my mother who has diabetes and high blood pressure. She still recovering as well.
Sunday, 22 August, he came to our house again with no mask, went to the shop to buy a pie for our daughter. My dad told him he was not supposed to come to our house, he just laughed it off and left.
The next weekend was his weekend to take our daughter. I asked him the Thursday, 26th, to not pick her up as its still not safe and he also had the virus. He agreed.
Today, 31st August, he shows up at 6.15 to take my daughter to kfc. Being extremely cold and windy, I refused to send her out. I told him that she had just recovered and she cannot go into the cold. He threatened to take me to court for denying him access to her and said I'm starting a big problem. I said I'm not being selfish, but I cannot send her out into the cold after just having covid.
He stormed off saying he will pick her up tomorrow (Wednesday, 01 Sept) and will be keeping her at his house. And I cannot stop him.
I've never stopped him from taking her or seeing her, but this is a serious situation.
He takes her alternate weekends. And although our parenting plan says Friday afternoon till Sunday 6pm.he called me every Sunday to say he'll be keeping her till Monday, I've never stopped him or refused him.
My only concern now is my daughters health, which he has no concern for.
His parents are also very sickly, with alit of health conditions, and are also still recovering from covid.
What do I do?