Hi there, if my divorce contract states that the children can be with me on Mothers day for instance, and they are with their father for that weekend (because it's worked out to be his weekend); and the father states that I may not have the children: what can i do in that moment except threatening him with getting my lawyer involved. I want to have a clear action point eg. who can I call immediately to intervene and help me with these type of clear contraventions in the moment?
Province: Western Cape
Normally the issue is sorted out with about 50 sms's from and to and him being obstanate and difficult and telling me how I am wrong. So it is always first a dragged out emotional game, before he will give in (because he was wrong anyway and just wanted to irritate me eg the Mothersday example). I am tired of his games and want him to feel the consequences of this.
Good day, If your husband is not keeping to the arrangements in the divorce decree, then he is committing a crime. The divorce decree is an order of court and he will be in contempt of court if he does not obey the court order. He can be arrested.
Contact your Family Advocate and they should be able to assist you.
You can get the number for the Family Advocate in your area on this website:
Also consider approaching the senior prosecutor at the magistrate court closes to you to discuss your husband's contempt of court.
Lastly, and before approaching the prosecutor you can approach the clerk of the Children's Court at the magistrate court closes to you.
I hope this answers your question.
BCom (Stell) LLB LLM
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