In the protection order 4.1.4 is tick.I ...

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

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