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Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2670
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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My boyfriend sued fiancé if being by the mother of his

Customer Question

My boyfriend sued fiancé if being by the mother of his child. They have been involved in a custody battle for their 5 year old daughter for about two years now. He has received joint custody from the Magistrate court but she still refuses him access to the child. As the result of this he (my fiancé) reported this to the police. She arrested and spent a night behind bars. My fiancé recently received summons for a law suit "wrongful arrest". She claims that she never denied him access and she is also suing for damages.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: South Africa, 2 months ago
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: South Africa Law
Customer: replied 8 months ago.
My fiancé not boyfriend
Customer: replied 8 months ago.
My fiancé is being sued
Expert:  Freddie Lombard replied 8 months 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.

He will have to appoint an attorney to defend the claim on his behalf. It should be simple enough as he would have the specifics of his attempts to get access to his child and her attempts to frustrate his access.

Civil litigation is however very formal and he will not be able to do this on his own. He will need an attorney and if he is successful with his defense of the claim, the court should make a cost order in his favor to recoup his legal costs from her.

If he simply ignores the summons she will obtain default judgment against him so it is very important that he get an attorney right away.

I hope this answered your question.

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Expert:  Freddie Lombard replied 8 months ago.

Did you receive my answer?