My wife took my child and leeft on 27tth...

Asked by sheldon on 12-02-2022 11:53:14
Question posted in the Family Law category relating to Gauteng

My wife took my child and leeft on 27tth dec

At  our first meeting we agreed on 50 50 visitation of 12 month minor.The next week they changed it to every weekend then a week later to every alternative weekend with no consultation or nothing they just mmaking up rules as they go along.I have him now and as a still married father to his mother have equal rights and wish not tto return him unttil  a fair and just visitation schedule is put in place am i within my rights

Message from the Lawyer

Posted by Att. Patrick on 12-02-2022 18:48:01

Hi there, 

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

I would SERIOUSLY suggest that you reconsider what you are wanting to do. 

If your child normally lives with the mother, and you refuse to return the child to his/her normal home, then what you've done is to kidnap the child - yes, kidnap, even though it is your child as well.

What the mother will do is to contact SAPS and lay a charge of kidnapping against you, and you'll be arrested, and your hopes of getting any sort of joint custody will almost be out of the window!

No... you must return the child, as agreed, and then fight for visitation rights, etc in the family court. If you keep a clean record, the magistrate will find favour with you. If you've kidnapped a 12 month old child, and refused to return him/her to the mother, when that's what the agreement was, then you have blown it!

You are NOT within your rights (even as the father) to simply keep the child.

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