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What is the age at which a child can choose or decide as too

 
Greta Eiser's Avatar
  • Answered by:Greta Eiser
  • Attorney
  • Positive Feedback: 100.0 %
  • Accepted Answers: 15
Verified Expert
in South Africa Law

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Thanks for the direction

Customer Question

What is the age at which a child can choose or decide as too when he wants to stop visiting my ex spouse.

History: I have raised my son since he was 6 months old. I was a single father and gained custody by de-facto after 3 years . My son has lived with me and my new wife for the entire period.

However he does not want to go and visit his biological mother any more. She now says it is me but I have never denied her access to him and or forced her to pay for him.

Thanks


Regards

Chris

 

Optional Information:
Province: Gauteng

Already Tried:
Mediation. She refused.

My son is terrified of going to her as she shouts at him constantly. He has got into trouble at school and wet his bed as a result of her constant nagging and trying to buy his attention.

Short of seeing a psychiatrist we don't know what to do.

She served me with papers on Friday last week . I have to respond by the 08/09/2009 or go to court

Submitted: 1339 days and 23 hours ago.
Category: South Africa Law
Value: $15
Status: CLOSED
Picture
Expert:  Greta Eiser replied 1339 days and 3 hours ago.

Hi there,

 

How old is your son

Customer replied 1339 days ago.

Hi , my son is now 12 and a half years old. He ahs been with me since he was 6 months old.

Tx

Regards

Chris

Accepted Answer

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Expert:  Greta Eiser replied 1338 days and 22 hours ago.

Hi there,

It sounds like she has served you with an application regarding contact (access ). You must oppose this application. A social worker or a child therapist must be brought on board to furnish a report into why your son does not want to see his mother.

I am sure that the Family Advocate's office will conduct an enquiry into the matter.

Your son is definately of an age that his wishes will be taken into account. Perhaps he should even get his own representation. This can be done by contacting the centre for Child law in Pretoria.

 

Good Luck

 

Greta Eiser

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 100.0 %
Accepts: 15
Answered: 9/1/2009

Experience: BA LLB and Mediator

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Customer replied 1338 days and 14 hours ago.

Due to the time difference from the time I contacted you I have take matters in to my own hands to buy some time.

I have requested a round table conference with the biological mothers lawyers and the mother. My son will not be present as I don't want him to be victimized and forced to make a statement under duress by her council.

I will not have council as I called the meeting and they have agreed to these terms. No decisions will b made subject to me giving my legal council feedback from the meeting.

However , I like your recommendation and will follow that up this morning.

Thank you.


Regards

Chris

 
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