I have two sons. 17 & 16 (15 & 11 months). The children are in both parents custody but are in the hostel in Ermelo. She lives in Pretoria and I inElisras, I am planning to take them out of Ermelo and to put them in Pretoria. They do not want to visit their mother. I however pay her the maintenance for the children. They complain that she does not pay for their washing to be done ext .As I am going to change them from school new clothes must be bought. To make a long story short how do I go about handling the money I am paying for my sons as they do not benifit from it. RegardsBertus
Nothing, as I am afraid it is going to cost to mutch an I want to send them to university and not wasting money on lawers.
Good day,If there is a court order that states you must pay a certain amount to the mother, then you will have to do so, and remind her that she is legally obliged to use that money for the maintenance of the children, and should she fail to do so, you will approach the court to amend the custody and maintenance arrangement. You will also have to tell your sons that they will have to visit their mother. She is legally entitled to such visits until a court determines otherwise.If there is no court order, then you can give the money to your sons, but they must keep receipts of how the money is spent, and also make affidavits as to why it would be better that they receive the money. Although not legally correct, you could try this where there is a court order in place, but then you face the risk of a criminal charge for failure to pay maintenance, and even contempt of court. I do feel a court would see the merits in your actions, but there is a risk attached to this course of action. Regards,BB
How do I go about to go to the maintenance court. She does not want to take them out of the school and threaten with going to court. She rarely visit them ( onch a month). It is going to be a problem as new clothes need to be bought and if I handle my own money the kids will be beter off.
There is a maintenance court at every magistrates' court. You just need to find the maintenance officer and he/she will give you the necessary forms to complete.Regards,BB
How long does it take, because this is an urgent matter. Is that the only way to go about?
Maintenance court is a lengthy process, because of the fact that there are so many maintenance matters on the court roll. Should you wish to change the custody arrangement, you need to approach the High Court, which I am afraid is also a lengthy process.An alternative is to involve social welfare when the children are with her, and let Social Welfare remove them from her custody and place them with you as being children in need.The only other alternative is to bring an urgent application with the High Court, but you mentioned you did not want to waste money on lawyers and that is going to be expensive.Regards,BB
BLC LLB (Pret) LLM (Augsburg)
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