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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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I am maternal grandmother of a 7 year old grandson Mpho born

Customer Question

I am maternal grandmother of a 7 year old grandson Mpho born out of wed-lock between my son Sizwe and Primrose. I have been responsible for Mpho's wellbeing since his birth. When he was 5 years old his mother Primrose came to my house escorted by Policemen and took Mpho with. Primrose is unemployed but stays in the flats somewhere in Kempton Park with Mpho. Mpho attends a private school called KREFT LAER SKOOL. My son Sizwe was ordered by Kempton Park Maintenance Court to pay maintenance of R3000 per month. Sizwe works part-time in Kempton Park and I am the one left in Johannesburg to deal with Mpho's wellbeing. Last Friday 6 November 2015 Primrose brought Mpho to me and requested me to spend a weekend with him which she will be away and promised to fetch Mpho on Monday 10 November 2015 at 06h00 in the morning. Mpho missed school on that Monday and also today as Primrose never fetched him. I went with Mpho to reported this matter to the Kempton Park Social Workers yesterday afternoon to safeguard myself from Primrose's undetermined rude behaviour where she can give a wrong impression to the Policemen that I kidnapped of forcefully took or kept Mpho against her will. I have written messages on my phone from Primrose regarding her arrangement on Mpho's agreed upon weekend visit. Primrose has neither fetched Mpho from me, nor answered my calls and responded to my telephone messages. It is now two days and Mpho has not been to school. So please advise.
Concerned Grandmother
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Mrs. Mtetwa

You have done everything correctly. You have reported her conduct at the correct authorities and you have created a verifiable (through the sms messages) trial that shows that you have not taken your grandson against his will.

If you are asking in relation to what you can do with regards ***** ***** grandson's schooling, how to get him to school and back etc, then I am afraid I cannot advise you. That would be a logistical issue that I cannot assist with.

If you are asking me whether you can remove him from his school and place him in another school, then the answer is yes, as long as you have the co-operation of your son, who is his guardian.

If you are concerned about the stability or the lack thereof that your grandson has to endure, then you can get relief from the Children's Court. The Children's Act state that even grandmothers can approach a Children's Court (essentially a specialized Magistrates Court) to apply for contact and care, or custody as it used to be known.

So, you can go, with or without the aid of your son, to a Children's Court and show on application that it would be in the best interest of the child that he remains with you if that is what you want. Should a court order that you be given custody, that would prevent his mother from coming to your house in the future and just taking your grandson again.

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

Expert:  WCLawyer replied 1 year ago.

I am going to continue to answer on this thread and will request that they close and refund the other request as a duplicate question. You can refer the Clerk of the Court to Section 23 of the Children's Act. That clearly state that ANY person who has an interest in the child may apply for contact and care. Note that the definition of "care" in the act, includes custody (providing the child with a suitable place to live). Note also that it is not required that the matter first be referred to social welfare before you can make such an application.

With regards ***** ***** schooling: I cannot provide you with a solution on how he can get to school and back every day. All that I can advise you on is that, if he needs to change to a school closer to you, that can be arranged with the assistance of his dad.

In addition, if you are awarded custody, maintenance need to be paid to you so that you can utilize it to the benefit of the child and no longer to the mother.