Good DayI was arrested for assault.The p...

Asked by JOHAN DU PLESSIS on 25-03-2024 11:13:47
Question posted in the Family Law category relating to Western Cape

Good Day

I was arrested for assault.

The protection order stipulate that the portion of the children is refer to the children court.

The designated social worker was appointed by the child court.

The designated social worker did meet me and completed my report.

She ask the person doing the therapy of the children if it is fine if I can see the children under her supervision.

She said she wants to meet and talk about it.

I did meet her and she said she will set up a gathering with the children with me. She said the children is doing good and the boy said he miss his dad out of his own.  

Know suddenly she do not take my I calls and messages after she promise.

What can i do, as they are now playing with time and withheld the children from me.

Message from the Lawyer

Posted by Att. Patrick on 27-03-2024 21:29:28

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. 

I see that my response was not captured at all, so I will reply again. I hope that you receive the reply now.

I do not know why she is not taking your calls any more. That is strange. The only thing that I can think of is that your wife (or ex-wife) said something which has now changed her mind. But without evidence or proof of this, who knows.

What you need to do is to get the case back into court so that a magistrate can make a decision. At present, the designated social worker is supposed to be working on her report and once she is completed with the report, she is supposed to give it to the magistrate at the children's court. The report will assist the magistrate in making a decision. 

The issue is that she has not given it to the court, or she has but the court has not yet set a date for the hearing. 

So the first thing that you need to do is to contact the designated social worker to ascertain whether she has completed the report and if so, why she is delaying submitting the report to the children's court. 

If she has submitted the report, then you need to contact the clerk at the children's court to ask the clerk to assign a date for the hearing of your case. 

You can't afford to hang around here in this "middle ground" in the hopes that the designated social worker will give you time with your children, when she is not even empowered to make such a decision! 

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