1. Does miswriting a contract void the p...

Asked by Liezl Frauendorf on 17-03-2022 13:38:11
Question posted in the Family Law category relating to Gauteng

1. Does miswriting a contract void the particular clause?My husband has a filed parenting plan with his ex, we planned a family visit to Nelspruit this weekend we live in Gauteng.

His ex planned my stepson’s half-sisters birthday on our weekend and then sent us a message stating that

"D will not be going to nelspruit with you as he wants to be at his sisters birthday and to be fair you also didnt give me notice as per the parenting agreement"

Parenting plan wording:“Both parties shall furnish the other party with twenty days notice, save in exceptional circumstances of his /her intention to take the minor child on a holiday within gauteng but within the republic of south africa and ....”

It should say outside Gauteng

2. Is a family visit seen as a holiday by the court?She take my stepson to weekend weddings and outings outside of Gauteng, should she then give us notice of this as well?

Answer to the Question

Posted by Att. Patrick on 20-03-2022 09:22:15

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, even if it is R150 or R200.

No, it does not void the clause. If it is a common mistake, then you must just agree to be bound to the real wording. Otherwise you must apply to court to remedy the wording.

Att. Patrick 

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