Asked by JOHAN on 13-02-2024 15:51:29
Question posted in the General Law category relating to Western Cape
In the protection order 4.1.4 is tick.
I may not have contact with the children until an enquiry has been concluded in terms of the children act.
Every time we bring an application to hear it on an earlier date they refuse it, but they say it is refer for an enquiry.
I did see my children last in beginning of december.
What can the reason be that they do not refer it for an enquiry?
Message from the Lawyer
Posted by Att. Patrick on 13-02-2024 16:09:24
I have absolutely no idea why they are delaying things. I'm sorry that they are. It honestly can't be nice. But if that is the order which was granted, then you need to comply with the order. If you don't, then you run the risk of being arrested, and you do NOT want that to happen! What you need to do is to go to the magistrates court and ask which clerk deals with enquiries in terms of the childrens' act, and then go speak to that person about getting the enquiry dealt with ASAP because your rights of access to your children are being infringed upon.
Message from the client
My problem is my mother in law is the head of child welfare and she interfere behind the scenes with the magistrates.
Message from the client
Message from the Lawyer
Posted by Att. Patrick on 13-02-2024 16:33:02
Jeepers, I'm not too sure how to respond to that. I would hope and assume that the magistrates won't listen to your mother, even if she is head of child welfare. If you think that the magistrate makes a wrong decision, then you have the right to take the magistrate on appeal and ask the High Court to make an order!
Answer Accepted
This answer was accepted on 13-02-2024 16:39:27
If you would like to view the entire answer, you will need to either login or register a FREE account.
Disclaimer
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African 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 South African 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.