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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1333
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I was married by muslim rights to my ex husband. He has never

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I was married by muslim rights to my ex husband. He has never applied to the court for visitation rights nor have I applied for maintenance until now. Our hearing is next Tuesday 09/07. He has been paying money to me at his discretion. He says that the court will insist that he must have visitation rights if he is paying - is this true? Its not that I want to stop him from seeing the children but he has a history of voilence and I suggested supervised visits. He has not been happy with my parents supervising and has in fact had to violent outbursts with them when last he visited the children and he has not been back since. What do you suggest I do?
Good morning,

Maintenance and visitation are 2 different matters. If there was blanket refusal on your part, then the court might say something about it, but since you have very good reasons to refuse unsupervised visits, the court should not interfere, and your ex must apply to the High Court for visitation rights. In the meantime, I would suggest that you consult a child psychologist to draft a report on the matter. The child psychologist must make recommendations on whether the visits must be supervised or not and who should do the supervision. Your parents might not be the ideal people to supervise. It is usually better to have someone more neutral, like a joint friend, supervise. If you have such a report, it would only count in your favour and show that you are doing something about the situation.

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