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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2675
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I have a court date 19th of October where I have to appear

Customer Question

Good day,
I have a court date for the 19th of October where I have to appear in the children's court in Cape Town. At the moment I do not have a lawyer that can represent me. My case involves my two minor children of which I am the primary caregiver according to my divorce decree and high court order which came into place earlier this year.
This was done based on my husbands requests to make the amendments after I had a protection order issued against him. After the high court order came into play, my ex suddenly had a sexual assault case opened against my boyfriend, to date nothing came of the matter.
The two children have been manipulated in such a way that they even claimed that they are scared of my boyfriend, yet they used to spend a lot of time together without hassles.
Both the children that use to reside with me is now in his temporary care based on speculation of neglect etc, which is not close to the truth and that can be verified by many where I reside even in my hometown and colleagues with whom I used to work.
Personally I feel that my rights as a mother and human being has been abused in more ways then one via a person who simply cannot let go and feels that the only way to get back at me is via the children. The next move I know for sure would be maintenance.
How do I deal with this matter , what and since I did not have anyone to date to represent me, what do I do.
I am talking here about a man that is absolutely abusive verbally, emotionally etc. I also realise if I am not going to tackle this heads on now, this will be my way of live for a long time to come...court in and court out.
Thanking you in advance for your assistance.
Submitted: 2 years ago.
Category: South Africa Law
Customer: replied 2 years ago.
It will be held at the Wynberg Children's court
Expert:  Freddie Lombard replied 2 years ago.

Hi There

I notice that your question has been outstanding for a long time so I will give it a go. Please feel free to ask as many follow up questions as you like until you are 100% satisfied.

You will have to be prepared when you go to court and I am afraid that without legal representation, you will not be able to ensure that your rights are not infringed upon. If you cannot afford an attorney, I urge you to apply to the Legal Aid Board Of South Africa as soon as possible in order to get an attorney on your side. He might need to request a postponement if your application is not finalised by the time of the hearing. I am not even going to try and advise you on what to do without an attorney as the information at my disposal is far to little to assist me in giving you proper advice. Any advice will also have to be so thorough that for the purposes of this platform, it will not be possible to do.

The maintenance issue is something that you can deal with once the matter of the children have been finalised and settled.

In order to assist your case, you can also request social workers to assess your children and to write a report to court on their findings and/or recommendations.

I hope this answered your question.

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