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Christiaan K
Christiaan K,
Category: South Africa Law
Satisfied Customers: 135
Experience:  Attorney & Director at Lombard Kotze Incorporated
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My ex daughter in law is residing with my granddaughter in

Customer Question

My ex daughter in law is residing with my granddaughter in Cape Town. Shortly after the divorce was finalized she went over to Colorado and came back married to a US citizen. My son is opposing the relocation as his ex has gate keeper his relationship extensively with his nearly four year old daughter. The ex is visiting her new husband and it has come to our attention the little girl has been featured briefly in a you tube video for his official trailer his latest documentary on the dangers and addiction to porn
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: My son was not consulted and although there are no provocative images and the little girls appearance is brief we have been left feeling uncomfortable on her behalf.. also my son gave his ex to travel to Colorado with Madison but she has travelled to Tucson and Phoenix which the new husband has documentated on his face page. Although my son asked the ex if the little girl was traveling she chose not to answer him and deliberately tried to mislead him by telling him they were in Colorado once they had returned.....she is currently in Colorado but returning to South Africa next week.
JA: Have you talked to a lawyer yet?
Customer: We have expert legal representation in South Africa for the relocation application which they are opposing on my sons behalf. My son holds joint custody of the little girl
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I am happy to answer any questions they may have. The two countries involved are South Africa and the USA the little girl presently holds SA citizenship and German citizenship. The relocation application will be heard by the SA High Court early JUne....
Submitted: 5 months ago.
Category: South Africa Law
Expert:  Christiaan K replied 5 months ago.

Good afternoon

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.

What is your question exactly? You have given me background info but I am not sure what your question is.

Customer: replied 5 months ago.
Hi Christiaan,
There are two parts to my question:
Can the ex wife place the not even four year old daughter in a you tube video for a documentary titled "Addicted to Porn" which is her new husband's company without my son's permission - they were divorced in South Africa and they hold joint custody - my son was not consulted or asked his permission. The concern being internet trolling perverts and also whether or not my granddaughter will feel comfortable being associated with such a controversial subject later in life. The new husband lives and resides in Colorada USA.
My son gave permission specifically for the ex wife and the daughter to travel to the USA for a specific period and specifically to the Denver Colorado area - can the ex wife travel across state lines (Arizona 1 200 km away) without informing my son even though he asked five times.
It is the evening in this part of the world and I am going into a meeting, I will probably only pick up on your reply tomorrow.
Thank you for your assistance. Kind regards
Customer: replied 5 months ago.
Morning! Am back online.......
Expert:  Christiaan K replied 5 months ago.

Good morning

Your questions are actually extremely complicated and you should ask yourself if you really intent doing something about what has already happened or if you simply want to avoid a repeat of this. To do something about what has already happened is going to be very difficult and costly and you will have many challenges such as where was the video shot? In SA or USA and if USA, where in the USA as laws differ from state to state.

You can click on this link to read up a bit more on the subject. Pay specific attention to the end where it discusses the situation around children.

I believe a strongly worded letter from an attorney might suffice to avoid a repeat of this incident.

I am not sure how USA laws will work and if they would require written consent from the father to travel over state lines, so I am no sure if she CAN do it.

What I can say is that your son will be able to use these facts, that the mother went beyond the fathers consent during this trip in his legal battle with her over custody. It may point to an attitude that does not take the father into consideration at all and also lying about it and may very well be detrimental to her case.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Customer: replied 5 months ago.
Thanks Christian I did study the document link. The you tube video posted with the little girl is definitely for financial gain as the new husband is punting this for sale and it is listed on I-tunes but the main concern is the controversial subject matter and if it should cause her harm later. The video was shot in Colorado by the new husband he is a one man show. Thank you for your answer and if you have anything to add with the info above it would be appreciated.....
Expert:  Christiaan K replied 5 months ago.

My best advise would be to get an attorney to write them a letter that they are not to do it ever again without your son's written consent. For what it may be worth (depending on how far you are prepared to take this) he can also demand that they either remove the video or change the little girl's images so that you cannot identify her.

Please rate my answer positively as I am dependent upon your rating to get any credit from the JA website.

Kind regards

Expert:  Christiaan K replied 5 months ago.

Did you receive my answer?

Expert:  Christiaan K replied 5 months ago.

?