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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2409
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Are you able to advise me on the following. I live in Cape

Customer Question

Hi there. Are you able to advise me on the following. I live in Cape Town and my ex husband lives in Jhb. I am the primary care of our 7 year old son. We have in the past 2 years accompanied him on all trips. My ex now believes it's time for him to fly on his own. I don't agree. Why would be the courts standing on making a child of 7 fly in his own. Have their been other cases.
Submitted: 2 months ago.
Category: South Africa Law
Customer: replied 2 months ago.
I just need to know if courts would see Making a child fly at 7 in his best interests
Expert:  Freddie Lombard replied 2 months ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

You have actually answered part of your question in your last statement. What is in the best interest of the child will be the deciding factor and I can hardly imagine a court finding that it will be in the best interest of a 7 year old child to be on board a airplane all by himself.

Even though it is difficult to say with 100% certainty what the court will think of it, I cannot for the live of me imagine that the court will order that the child should be allowed to fly on his own where there is the alternative of having someone fly with him.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.


Customer: replied 2 months ago.
Hi Freddie thanks for your response. We have a parenting plan in place with a facilitator clause which is an order of court. It states that my ex husband will collect our son from Cape Town and I will collect him eight times a year. There is a clause that states it is envisage that he could fly next year but it's in consultation with the facilitor and my son's therapist. I am not a hovering mother the reason I am so concerned is that my son is giving me conflicting stories he tells me his afraid to fly but tells my ex that he does want to fly on his own. My ex has wanted my son to fly on his own since the age of 5. He wants me to make the commitment now he won't speak to me about it has just decided that it's time. the other thing that concerns me is that his decided to go ahead and schedule the sessions with the therapist and informed me that he will be taking my son and his reason that he wants to and not me is because the last session we had I took him, but the reasons was because they asked to see him and my ex doesn't live in Cape Town. Can he excluded me from going to the sessions. I have asked that before any sessions are schedule we meet with the facilitator is that the right thing. Surely the concerns of the parents should be heard before we drag my son into it ?
Customer: replied 2 months ago.
I am still prepared to accompany my son and pay for my flights but want my ex to do so too
Customer: replied 2 months ago.
One last thing me being the primary care if the child does it give me more leverage
Expert:  Freddie Lombard replied 2 months ago.

I notice now that for some strange reason my answer to your follow up question that I posted earlier today did not go through and is apparently missing in cyber space. I apologise for this.

You can give your input to the therapist and you can definitely engage the therapist and ask to be consulted. If they exclude you, you can always get your own independent therapist to do the assessment again as the court will be guided by the experts but the expert's opinion will not be the deciding factor

Being the primary care giver does not give you leverage but it does put you in the best position to be able to tell if your son is ready for flying alone or not and consequently you input will be very valuable.

Kind regards