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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1557
Experience:  BCom; LLB; Masters in Law
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My husband asked divorce and just moved out of the home. Now

Customer Question

My husband asked for a divorce and just moved out of the home. Now he demands to see our child (1 1/2 years old) which was obviously not his priority when he left. What should my next step be that will not have a negative impact on my child or me during the divorce procedure?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Unfortunately you won't be able to stop your husband from having access to your child. If you do, your husband will be entitled to approach the court for an order forcing you to allow him access. He will be successful in this application unless you can prove that it wouldn't be in the child's best interests. For this to happen, you would need to almost show that he is an abusive person.

The fact that your husband has access to your child during the divorce process, and whether that causes you stress or whatever, unfortunately won't come into the court's decision.

My advice to you is that you negotiate access with your husband now, before you both run off to court. Agree that he can see the child on weekends, or alternate weekends, or whatever. Also try to agree on interim maintenance for you and your child.

Otherwise you'll both just end up spending tonnes of money fighting it out in court!

You've unfortunately going to have your put your hurt aside for a moment, and think about your child, and how best to handle this. A child's parents going through a divorce is rough, and you both need to shield/protect your child as much as possible. Fighting in front of the child because you are angry with him won't help your child.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,