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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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Me and my wife are in the process of getting a divorce. Although

Customer Question

Me and my wife are in the process of getting a divorce. Although she hasn't filed for divorce yet; and the case has not been finalized yet, I was already put out of my residence. She is denying me access to my child. I have to do everything she and her parents say if I want to see my child. She went to get a protection order against me, a week after I have moved out, claiming I had hit her on 2 occasions. That is absolutely untrue and there are witnesses that was present on both occasions. The interim order has not yet been served to me. I have not engaged in any dispute with her since we seperated. Because I want us to do this like adults. But I am getting a lot of trouble from there side. And I am at the end of my rope. I have kept all the messages that we communicated. To prove that I am not looking for a fight. She is making it hard for me to see my child. And I miss her terribly. I even found out that my child was christened at another church ons Sunday. ..I was not even involved. Is there any advice regarding the protection order and the divorce case. I was the main provider and I have tried to assure her that I am only looking to stay in my child's life. She is unemployed and now living with her parents. And I am worried as her parents said there is something wrong with her and that they will make decisions for her because she can't think for herself. Any advice will be greatly appreciated.
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.
Good day and thank you for your question. My name is ***** ***** I will try and assist you today.
There is no reason that you need to wait for her to take the necessary legal steps in order to finalize the divorce and get the issues surrounding custody decided on by a court.
There is no reason why you cannot start with the divorce proceedings and in doing so, bring an application under the relevant rule in the Magistrates Court or High Court (depending on where you are suing from) for interim custody (even sole custody) or your child.
The absolute best advise I can give you is to go and see a divorce attorney as soon as possible in order to get the process started.
With regards ***** ***** protection order: Defend the protection order, because if it is allowed to stand, she is going to use that to abuse the system in order to alienate you even further from your child.
I am not sure if this answers your question. So if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively
Customer: replied 2 years ago.
thank you for your response. Won't the fact that I continue with the proceedings count against me in court? Is there any advise to better my chances of custody?
Expert:  WCLawyer replied 2 years ago.
No. Not at all. The court does not care who starts divorce proceedings. It does not factor into any decision making structure at all, other than to who is supposed to testify first if there is a trial.
From what I can tell, you have done mostly right up and until now. Continue to save all the messages and if you can, record conversations between the two of you. But, you need to work out a plan of action with an attorney that is available to represent you.