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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1364
Experience:  BLC LLB (Pret) LLM (Augsburg)
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How do I get a court order stating I have sole custody of my

Customer Question

How do I get a court order stating I have sole custody of my daughter? I have lived abroad for 13 years with my daughter (She is 15 years old). Her biological father who lives in South Africa and I were never married and he has never tried to contact her. Do I need to physically go to the South African courts or can I do it through a lawyer.
Submitted: 11 months ago.
Category: South Africa Law
Expert:  Barend B. replied 11 months ago.

Good morning,

The South African courts will have jurisdiction in the application for full custody because the biological father is domiciled in South Africa. Unless the court orders that oral evidence must be led (which may happen when the court is not sure if sole custody is in the best interests of the child or if there is a factual dispute in the affidavits), you should be able to work through a lawyer. You will need a lawyer in the country where you are and one in South Africa. Sworn affidavits will have to be sent from your local lawyer to your South African lawyer within the time frames specified in the Rules of Court (preferably via courier). A report from the Family Advocate will also be required.