South Africa Law
Get Your South African Law Questions Answered by Experts
I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.
This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.
Do I understand you correctly that your son lives with your Mother in SA? And your son's father also lives in SA? But you've moved to NZ and you want your son to go live there with you?
Awaiting your further information.
Do I understand you correctly that your son lives with your Mother in SA? And your son's father also lives in SA?
Am typing... please hold on.
There is no such thing as custody anymore, the term is rather "primary care giver". Yes, your son's father could get primary care giver of your son, especially if you're no longer living in SA and your son lives with your mother. BUT, at the end of the court will look at "the best interests of the child", especially since each case is unique.
And yes, your son's father can withhold his consent for you taking the child out of SA to live in NZ. You don't have the "right" to simply remove your child from the country - you need the child's father's consent - and he can withhold it if he wants. If you want to bypass his consent, you'll need to apply to the High Court for permission. Again, you'll need to convince the court that it is in the child's best interest to move to NZ with you!
Yes, he could take your son away from your mother. Remember however that he will need to apply to court for that. And if he applies to court, he will need to prove that it is in your son's best interests to live with the father - and not your mother! If he can prove that your son will have a better life with him (his father) then that is what the court will order! I hope that this assists?
I am off to bed now - can we continue this in the morning? Please write down your further questions and I will attend to them tomorrow morning.
You need to get written permission from the child's father, so NO, you can't still take the child without the written permission.
Yes, the father can still take the child even if he lives with his girlfriend, or even a new wife!
But remember that the OVER-RIDING FACTOR is that he will need to prove that it is in your son's best interests to live with the father - and not your mother, and not with you in NZ!
Look, I don't know what to tell you besides what I've said above. You've only got 2 choices:
1) Get permission from the father to take your child out of the country; or
2) Get permission from the High Court by way of a Court Order.
I've already explained what you will need to try convince the court of. The father will have an opportunity to convince the court otherwise. At the end of the day a Judge will decide. All of the factors that you've explained above NEEDS to be explained to the court, and all of those factors should weight in your favour. The court needs to be apprised of all of the facts that you think are important in order to make a decision.
I can't tell you what the decision will be, but I can explain the above.
I've answered your question as best as I possibly can. Further than this my suggestion is that you make an appointment to speak to an attorney who can formally represent you in court in order to remove your child from SA to NZ.
Hi there again,
I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.
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