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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
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Experience:  BLC LLB (Pret) LLM (Augsburg)
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My grandaugthers (13yrs ) father lives in the UK (he is South

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My grandaugther's (13yrs ) father lives in the UK (he is South African) her mother and her live with me (not paying rent ) I've managed the maintance R 1500 per month for 2 years plus they paid on proof of receipt dance classes ,clothes, shoes etc. With interference and proof of budgets on my side it was increased to R 2500 on my side which I advised was insufficent, the biological father intervened on behalf of his son - requested a paternity test with the results sent to him withing 60days of the 5th May - test done aprox 30th July
with Unistel , documentation sent requesting the father to do same test with his GP in London - R 3000 received JUN & JUL - when I advised maintenance was late for August - the grandfather advised permission was given to his son to pay the R 3000 as it was Jades birthday but it will cease from 1st September until we comply with his request to send the SAMPLE to him - to date all relevant correspondence from me to him has been in the inerest of my grandaughter ( who has unconditional and amazing love for her dad )

Copy & Paste of his repsonse to me 19th August

There will be no Zuma tactics here, where the ‘suspect’ gets the evidence against them analyzed and then presented as the Gospel truth for all to believe.
I do not need Jethro’s DNA to match Jades, my DNA can be used, if Jethro isn’t forthcoming with it, which he doesn’t appear to be.

Instinctively , I do not believe the grandfather has my grandaughters interest at heart and legally I do not believe that he was within his legal rights to request it , which means I am going to be left trying to support her here on in

Leanne
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Barend B. replied 1 year ago.
Good afternoon,

As I gather from your description the main issue is maintenance, but the father is refusing to pay until his paternity is proven?

As far as the paternity is concerned, did the father not go to his GP to do the test? Why is this sample necessary? Does the grandfather want to give a sample for the test or what is the situation?

Regards,
BB
Customer: replied 1 year ago.

the child is 13yrs old - it's the fathers father adding all the conditions to control the maintenance - we complied and I paid R 1488 for the test from UNISTEL , they required the father to get the test from his GP in London and as per Copy and paste from 19AUG email from Grandfather
CVB - his son does not want to prove he is the father, he knows he is the father it's just that CVB is preventing maintenance until WE supply & post the results of the Paternity test to match for him to match against his DNA , the man is evil - his motives are ulterior and controlling apart from believing he is representing his son who I know would not jeopardise his relationship with his daughter

Expert:  Barend B. replied 1 year ago.
There are a number of ways how you can address this issue:
  1. You can contact the father telephonically (not via e-mail...in an e-mail it is very easy to duck and dive and evade a straight answer) and ask him straight if he disputes that he is the father. If he disputes paternity the onus is on him to make all the arrangements and pay the costs. Every person has the right to dispute paternity, but he must know that once paternity is proven, he will be in arrears with maintenance. For good relations all around, it is important that a good line of communication is kept open, in the best interests of your granddaughter; or
  2. You could comply with the paternal grandfather's demands (provided he carries the costs) and in that way ensure that maintenance be paid expeditiously. Just a note, DNA from the grandfather will not be as accurate as the DNA from the father; or
  3. You could lodge a maintenance claim against the grandfather. It will be very difficult to enforce a maintenance order in Britain (not impossible, but just difficult), but if the father is not paying maintenance, you can legally lodge a claim against the grandfather, and then he can explain his theory of "Zuma tactics" to the court.

For your granddaughter's sake, I would implore you to explore the first option first, and only when that door is closed, consider the others.

 

Regards,

BB

Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1287
Experience: BLC LLB (Pret) LLM (Augsburg)
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Barend B.
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BLC LLB (Pret) LLM (Augsburg)