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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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Ex boyfriend and I have a 5 year girl together. I left m

Customer Question

Ex boyfriend and I have a 5 year girl together.
I left him when she was 3 months old due to emotional abuse and became violent at home.
Got a restraining order , due to lack of funds his family is very rich I took back the restraining order as I could not afford a legal team. He has seen her ever since about once a week for about 2 hours at his place.
New girlfriend just sent me a message he threatened her life and she got a restraining order , also a policeman is witness to the incident of domestic violence.
What is my next step? I do not want my daughter to visit his home .
Submitted: 1 year ago.
Category: South Africa Law
Customer: replied 1 year ago.
I have the messages of the girfriend on my phone shall I go sign an affidavit?
Expert:  WCLawyer replied 1 year ago.

Good evening

Is there a custody order in place at the moment that is court mandated, or is it just an informal agreement?

Customer: replied 1 year ago.
Informal agreement.
Customer: replied 1 year ago.
good evening to you .
Expert:  WCLawyer replied 1 year ago.

Well, at the moment, whatever you say goes. You decide if, when and under what circumstances he is allowed to see the child. That is the case even though he has rights to contact and care in terms of the Children's Act, you set the perimeters within which he is allowed to excersize those rights. If he is not satisfied with the perimeters that you set, then the ball is in his court to do something about that. He would then have to approach a Children's Court and apply for different perimeters. That is going to be on application and the application will be served on you. Naturally, you can oppose the application.

The court then needs to decide whether an order is going to be made following your suggestions or his suggestions. Or the court can decide not to adhere to any of your suggestions and make a totally different set of perimeters. The only criteria that the court has to adhere to is that the order that is made, must be in the best interest of the child. So, you would, for example, have to convince the court that your ex-boyfriend is violent and may potentially be violent towards your daughter and that it is not in her best interest to visit him in a place where that is likely to happen.

But until that happens, you call the shots.