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Hi ,i would to ask how i would stand in court that my ex girlffriend…

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Hi ,i would to ask...
Hi ,i would to ask how i would stand in court that my ex girlffriend will not let me see my son from his birth, i have tryed making contact to which she says she does not wont me in his life,it has been 7years now and i would like to take it to court how do i stand as its been 7years?
Submitted: 8 years ago.Category: South Africa Law
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Answered in 33 minutes by:
6/24/2010
Lawyer: JP, Attorney replied 8 years ago
JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1,063
Experience: General South African Law.
Verified
Hi Sorry for the delay i have just arrived from work and will post my answer within a few minutes. You can remain online or check in back later give me lets say 10 minutes ok
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Lawyer: JP, Attorney replied 8 years ago

Good evening!

 

You have an excellent case Sir!

 

Here is why:

 

CHILDREN'S ACT, 2005

 

Parental responsibilities and rights of unmarried fathers

21. (1) The biological father of a child who does not have parental responsibilities and

rights in respect of the child in terms of section 20, acquires full parental responsibilities

and rights in respect of the child-

(a) if at the time of the child's birth he is living with the mother in a permanent

life-partnership; or

(b) if he, regardless of whether he has lived or is living with the mother-

(i) consents to be identified or successfully applies in terms of section 26 to

be identified as the child's father or pays damages in terms of customary

law;

(ii) contributes or has attempted in good faith to contribute to the child's

upbringing for a reasonable period; and

(iii) contributes or has attempted in good faith to contribute towards expenses

in connection with the maintenance of the child for a reasonable period.

(2) This section does not affect the duty of a father to contribute towards the

maintenance of the child.

(3) (a) If there is a dispute between the biological father referred to in subsection (1)

and the biological mother of a child with regard to the fulfilment by that father of the

conditions set out in subsection (1)(a) or (b), the matter must be referred for mediation

to a family advocate, social worker, social service professional or other suitably

qualified person.

(b) Any party to the mediation may have the outcome of the mediation reviewed by

a court.

(4) This section applies regardless of whether the child was born before or after the

commencement of this Act.

Parental responsibilities and rights

18. (1)A person may have either full or specific parental responsibilities and rights in

respect of a child.

(2) The parental responsibilities and rights that a person may have in respect of a

child, include the responsibility and the right-

(a) to care for the child;

(b) to maintain contact with the child;

(c) to act as guardian of the child; and

(d) to contribute to the maintenance of the child.

(3) Subject to subsections (4) and (5), a parent or other person who acts as guardian

of a child must-

(a) administer and safeguard the child's property and property interests;

(b) assist or represent the child in administrative, contractual and other legal

matters; or

(c) give or refuse any consent required by law in respect of the child, including-

(i) consent to the child's marriage;

(ii) consent to the child's adoption;

(iii) consent to the child's departure or removal from the Republic;

(iv) consent to the child's application for a passport; and

(v) consent to the alienation or encumbrance of any immovable property of

the child.

(4) Whenever more than one person has guardianship of a child, each one of them is

competent, subject to subsection (5), any other law or any order of a competent court to

the contrary, to exercise independently and without the consent of the other any right or

responsibility arising from such guardianship.

(5) Unless a competent court orders otherwise, the consent of all the persons that have

guardianship of a child is necessary in respect of matters set out in subsection (3)(c).

 

Here is what you do:

 

Go to the local magistrate court and ask for the Office of the Family Advocate and register the case for a full investigation. It is free. The new Children's Act awards you automatic full Parental Rights & Responsibilities, if you satisfie some criteria eg. paid maintenance and consents to be registered as the child's father. The Family Advocate MUST mediate in cases of unmarried fathers. A Parenting Plan must be drawn up which spells out his contact and responsibilities. This has then to be registered with them, or made an order of the High Court. Thereafter if she refuses access, she can be sent to jail for 12 months.

 

Kindly accept my answer by clicking on the accept!

 

Kind Regards

JP

Attorney

Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for general information purposes only and to assist you to discuss legal matters with your attorney in person; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but is made as compensation for the obtaining as general legal information for further discussion with your attorney .If you do not agree with these terms and conditions, then you must advise me immediately.

 

Ask Your Own South Africa Law Question
Lawyer: JP, Attorney replied 8 years ago

Hi again I trust and sincerely XXXXX XXXXX you are doing well Smile

 

 

 

Kind Regards

JP

Attorney

Ask Your Own South Africa Law Question
Lawyer: JP, Attorney replied 8 years ago

Hi again I trust and sincerely XXXXX XXXXX you are doing well Smile

 

 

 

Kind Regards

JP

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