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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2606
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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This is a child welfare matter. A court order was issued Jan

Customer Question

This is a child welfare matter. A court order was issued Jan 2015 placing the children to be in the care of the father. With the provisions that the mothers visits be supervised and that her husband have no contact whatsoever. Now in June 2016 due to the father getting divorced he voluntarily places the children back into state care. A new court order is issued removing the children from his care. With no provisions. Apparently a new case file was opened.
Now we are being told that the new court order overrides the old court ord and that the mother and her husband(who previously sexually abused the one child) is now not valid?
Is this true? We have applied for a protection order against her as she has not contacted the children in the past 14 months but now because there is a new case file, wants the children to be placed in her care.
Please help! I am at my wits end at to how to proceed.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

It usually is the case that a new court order overrides a previous order yes. There may however be instances where this is not the case and in order to see if it is, you will have to look at the wording of both orders.

If it is indeed the case here, then the second order was most likely made without disclosing the facts of the previous order and the reasons for that order. The state or a interested party should then apply to court to amend the last order in order to include the stipulations about the mother.

It does seem strange however as the family advocate would have had to file a report and for them to miss something like this seems off.

I hope this answered your question.

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