Good DayI have a meeting with the social...

Asked by JOHAN on 26-02-2024 12:50:54
Question posted in the Family Law category relating to Western Cape

Good Day

I have a meeting with the social worker tommorrow.

The part of the protection order 4.1 is is refer to child court. Their is assualt charge against me

Know the social worker must prepare her report to see if i am fit to see my children.

What type of questions is she allowed to ask me? 

Further information relating to Question:

How can they write a report base on have a discussion with me. Dont they need to see how the kids is with me under their supervision.

Message from the Lawyer

Posted by Att. Patrick on 26-02-2024 14:43:12

Hi there and thank you for your question,

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.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

The social worker can essentially ask you ANY question she wants, as long as she can justify that the question pertains to whether or not you're fit to be the primary caregiver to your children, alternatively in relation to the scope of your access to your children.

e.g. If you do drugs, and she asks if you do drugs, and you say yes, that might affect her report when it comes to how long you can look after the children for. i.e. overnight? weekends? long weekends? etc. 

If her questions pertain to something which has no bearing on that (e.g. do you like anyone at your work) then you must refuse to answer that. 

She must draw up her report saying that you refused to answer XYZ question and the court can then decide what the outcome will be. 

Message from the client

How many times can she have a discussion with me, i cannot see how she needs 90 days to do that.

Message from the Lawyer

Posted by Att. Patrick on 26-02-2024 15:52:01

I completely understand your frustration, and I would also be frustrated. The Act however gives her 90 days to complete the report. She could call you in for an interview any number of times because there is no limit in the Act. 

Answer Accepted

This answer was accepted on 26-02-2024 15:57:40

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