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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3461
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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devorced working abroad but my ex dont want the kids to stay

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devorced working abroad but my ex dont want the kids to stay over with me during week days even tho we live in the same town (aged 3 and 6)when I am in the country I just want more time with the kids can only see them from 13h00 to 17hoo she works all day put them in front of the tv when she get home (17h30)wht can I do to see my kids more working abroad makes it difficult to take her to court?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.


Hi what am i to do?


SoloLawyer :

Thanks for trusting me with your question.

SoloLawyer :

When was your custody order issued.



6 The Defendant shall be entitled to the right of access to the children at all

reasonable times subject to the Children’s reasonable scholastic, religious

social, psychological, extramural and emotional requirements, which access

the Plaintiff shall never reasonably withhold from the Defendant. The Plaintiff

concedes that the Defendant is a good father who should bond as best as

is reasonably possible with the children and both Plaintiff and Defendant

are determined to attend to the upbringing of the Children in as functional

a manner as is possible. Both parties have agreed not to prescribe times and

occasions when the Defendant should be entitled to access to their Children

but will willingly allow the Children to be with the Defendant whenever it is

practicable for him.

SoloLawyer :

Okay, thanks. IF she is not operating under the spirit of the agreement, you would need to either: 1) file to modify the agreement to be a little more specific, or 2) file a contempt motion against her.



SoloLawyer :

I see you typed a question mark.

SoloLawyer :

What can I answer for you?

SoloLawyer :

Are you having trouble seeing my replies?


6.1 The parties agree that it is in the minor children’s best interest that

primary residency will be with the Plaintiff

6.1 The Plaintiff and Defendant shall have joint parental rights and



responsibilities as contemplated by Section 1 and 20 of the



Children’s Act 38 of 2005, of the children born of the marriage,















(“the Children”)


who currently reside with the Plaintiff .

SoloLawyer :

Did you see what I posted above?


yes seem to take a while



to see your posts


SoloLawyer :

Okay great. Those are your two main options at this point.

SoloLawyer :

Hello, are you still there?

SoloLawyer :

Did I answer your question thoroughly enough for you?


yes still here

thanks how will it affect me working abroad as time is not always on my side to file and go to court?

SoloLawyer :

I see you keep trying to "rate" this, but I would ask you to hold off on that until I have assisted you thoroughly. :)


will do


SoloLawyer :

It's not going to be easy as you are working abroad. As a matter of fact, it's probably going to be very difficult getting your hearings set at the correct times. My suggestion is to speak with a local family law attorney that will be able to guide you. You can start the process and then just continue the hearings until you can get a good date.

SoloLawyer :

But, your best bet is to probably file a contempt motion and have the Judge rule that you seeing the children while you're in the country is "reasonable", since that is what the original order states.

SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,


Michael J, Esq. and 3 other Family Law Specialists are ready to help you