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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1569
Experience:  BCom; LLB; Masters in Law
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I'm in NZ I work and live there I want to take my son with

Customer Question

Hi I'm in NZ I work and live there I want to take my son with me but the father won't allow me
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I'm a South African living in New Zealand
JA: Has anything been filed or reported?
Customer: Not yet I only asked him if I can take him with me Can he file for full custody? My son currently lives with my mom
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can he get full custody while I'm away does he have a case against me
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there,

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.

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

Do I understand you correctly that your son lives with your Mother in SA? And your son's father also lives in SA? But you've moved to NZ and you want your son to go live there with you?

Awaiting your further information.

Regards

CaseLaw

Customer: replied 1 year ago.
I'm in NZ
Expert:  CaseLaw replied 1 year ago.

Do I understand you correctly that your son lives with your Mother in SA? And your son's father also lives in SA?

Customer: replied 1 year ago.
My son is in SA
Customer: replied 1 year ago.
Can he get full custody and refuse me to take my son
Customer: replied 1 year ago.
Hi
Customer: replied 1 year ago.
Are you still there
Customer: replied 1 year ago.
Hello
Customer: replied 1 year ago.
Are you answering me
Expert:  CaseLaw replied 1 year ago.

Am typing... please hold on.

Expert:  CaseLaw replied 1 year ago.

There is no such thing as custody anymore, the term is rather "primary care giver". Yes, your son's father could get primary care giver of your son, especially if you're no longer living in SA and your son lives with your mother. BUT, at the end of the court will look at "the best interests of the child", especially since each case is unique.

And yes, your son's father can withhold his consent for you taking the child out of SA to live in NZ. You don't have the "right" to simply remove your child from the country - you need the child's father's consent - and he can withhold it if he wants. If you want to bypass his consent, you'll need to apply to the High Court for permission. Again, you'll need to convince the court that it is in the child's best interest to move to NZ with you!

Customer: replied 1 year ago.
I'm a graduate I was unemployed for a year I gt job as cashier paying me 2800r I had cancer it was hard to provide for my son aftr I was cancer free I went to NZ. I come back home I got job that still pays me 4000r making it hard for me to survive I come back to NZ
Customer: replied 1 year ago.
There is a school in the village I live in he can get better life and education
Customer: replied 1 year ago.
Can he tall him away from my mother?
Customer: replied 1 year ago.
He lives with his girlfriend can he still take him?
Customer: replied 1 year ago.
I made my son a passport and Unabridged certificate with out his fathers initials. His initials were not in the birth certificate he got when I made for him my son is 4years now.
Expert:  CaseLaw replied 1 year ago.

Yes, he could take your son away from your mother. Remember however that he will need to apply to court for that. And if he applies to court, he will need to prove that it is in your son's best interests to live with the father - and not your mother! If he can prove that your son will have a better life with him (his father) then that is what the court will order! I hope that this assists?

Expert:  CaseLaw replied 1 year ago.

I am off to bed now - can we continue this in the morning? Please write down your further questions and I will attend to them tomorrow morning.

Customer: replied 1 year ago.
I know I need to get a letter from his father can I still take him without it
Customer: replied 1 year ago.
Even if he lives with a girlfriend he can still take him?
Customer: replied 1 year ago.
I will ask more quastions when you online
Expert:  CaseLaw replied 1 year ago.

You need to get written permission from the child's father, so NO, you can't still take the child without the written permission.

Yes, the father can still take the child even if he lives with his girlfriend, or even a new wife!

But remember that the OVER-RIDING FACTOR is that he will need to prove that it is in your son's best interests to live with the father - and not your mother, and not with you in NZ!

Customer: replied 1 year ago.
What about the better life I will be offering him, he has 4kids and is struggling to support all of them I have 1child on which I can support and give me better life
Customer: replied 1 year ago.
His unabridged birth certificate doesn't have his name he support him when it suits him, how is it the child best interest to keep him in the country
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  CaseLaw replied 1 year ago.

Hi there,

Look, I don't know what to tell you besides what I've said above. You've only got 2 choices:

1) Get permission from the father to take your child out of the country; or

2) Get permission from the High Court by way of a Court Order.

I've already explained what you will need to try convince the court of. The father will have an opportunity to convince the court otherwise. At the end of the day a Judge will decide. All of the factors that you've explained above NEEDS to be explained to the court, and all of those factors should weight in your favour. The court needs to be apprised of all of the facts that you think are important in order to make a decision.

I can't tell you what the decision will be, but I can explain the above.

I've answered your question as best as I possibly can. Further than this my suggestion is that you make an appointment to speak to an attorney who can formally represent you in court in order to remove your child from SA to NZ.

Expert:  CaseLaw replied 1 year ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  CaseLaw replied 11 months ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw