Good day,I am needing legal advice with ...

Asked by Caleb on 27-06-2023 12:29:43
Question posted in the Family Law category relating to Western Cape

Good day,

I am needing legal advice with regards to the below please.

I reside in a 1 bedroom apartment, and my ex and her son is living with me and has been for some time but his biological father wants nothing to do with him nor wants to take responsibility as the father. He is finally paying maintenance to the mother and also an also R1000 extract per month based on the +-R120 000 arrears maintenance to the mother.

The problem that we are having here is that the son being 14 years old has no regard for his mother, she is afraid of him as he continous to show aggression and and displays physical threat towards her when she tries to discipline him for not doing the simple things, like home, cleaning, bathing, stop misbehaving in the security complex grounds and tenants are complaining, he swears at her and shouts at her. And when I jump in to stand up for her and the fact that his staying under my roof, then he then shouts and telling me and her "What you gonna" Then swears at us, we are the "n" word or the "p" words. He displays the same agression towards my 7 year old girl and I have CCTV proof of him hitting her and pulling\pushing her by her arm aggresively. 

I have caught him on CCTV footage also playing with himself in the same room\lounge as his mother, while she is sitting on the couch and he is laying on the floor while on his phone looking at I dont know what. That is one of the biggest issues I have and when we confront him about it and then he wants to challenge us and shout at us.

I cant have this and I am sick and tired of this. His mother cannot control him anymore and she cant handle any of this anymore and his father is just absent and just does not give a damn. The son was living with his father and fathers new wife for a period as agreed with the father but 2 months later he just dumped the child at my door saying that his wife wants to leave him because she dont want the son there as she cant handle him either as they have the same problems with him.

Can I take the father to court for leaving his child at my door, for me to sit with all this crap that I honestly do not have the time for as my main priority and concern is my 7 old daughter that I need to shelter from this crap. I came home yesterday morning to my daughter telling me that the son 14 years old was shouting and swearing at his mother that it woke her up. And when looking at the camera and listening to the audio, it is clear that he was.

I cant take this anymore, I am stressed about my health, I have work stress, I have home stress about tenants, security and then have to deal with this childs crap as well.

Is there anything that I can do to hold this father liable or force him in a sense financially to either pay me or take his child in. Nothing is paid to me. I am the only one with a stable job in my household.

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