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Currently under Rule 43 5 year old child Adultery committed…

Customer Question
Currently under Rule 43 5 year...
Currently under Rule 43
5 year old child
Adultery committed by mother after living separate residences
Alienation of affection
What my rights in terms of child
Submitted: 8 months ago.Category: South Africa Law
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Answered in 5 hours by:
9/10/2017
Lawyer: CaseLaw, Attorney replied 8 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,691
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

If there is a rule 43 order in place, then you NEED to stick to the order until the order is varied (by court) or until you are divorced!

I assume that your wife is the primary care giver for your child? If that's right, and if your wife has committed adultery, I assume that you want to become the primary care giver for your child? Unless there is some sort of assault or abuse that's taking place, or drugs, or alcoholism, I don't think that you will stand a chance. I say this because your child is only 5 years old. That means that the court will always err on the side of your wife, unless there are serious circumstances at play which will change the court's mind.

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 8 months ago
Rule 43 Shared residence and parenting
Not Drug addict or alcoholic but a poor mother without boundaries, disipline, parenting skills etc
Lazy, greedy and unemployed.I the sole breadwinner.
Taken child away from religious promises and undertakings without consent.
Alienation of child towards my family.
Defamation of character (I'm a professional in a small town)
Brings "boyfriend" to child's soccer game without consent, my weekend time with our child.Wants to introduce me to him in public space, declined . He then has altercation with me when suggested he should go and inappropriate that he is at the game.Verbal and mildly physically abusive ( gentle head butt but intention there) Sleeps in bed with wife and my child, this obviously consented to by her.
Trumped up domestic Violence charges against me which have been dropped after 9 months on legal advise to her.
Stupidly married in COP married 6 years separated 1 year
There must be more legal clout
Lawyer: Freddie Lombard, Attorney replied 8 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,791
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

OK, your question is very, very wide.

What do you mean by "what are my rights in terms of child?"

Regards

Ask Your Own South Africa Law Question
Lawyer: Freddie Lombard, Attorney replied 8 months ago

Good afternoon,

This is just a quick note to follow up. Did you find my answer helpful? Is there anything else I can assist you with before you rate the service? Please note that I do not get paid if you do not rate.

Regards

Ask Your Own South Africa Law Question
Customer reply replied 8 months ago
Not helpful
The minor child is being emotionally & psychologically abused.
There is a Proper process to introduce a minor to "partner" at an appropriate time in relationship
Relationship at best a few months old.
Should be at this time at arms length minor child not sharing bed with mother and boyfriend in her residence and going to hotels together over weekends with minor child.
Who Tells me they are always kissing and cuddling.. not in front of child at this time
Fetching the child from school where there are mutual friends ,colleagues and patients of mine
Child's language has deteriorated in past 4-5 weeks "gutter language" not used before
Child deliberately lying to protect mother, something not done before
Child confused
Developed OCD behaviours. Minor before now significant affecting some daily functions.
From confident child to insecure childImproper that while still married this goes on in public
Insensitive and uncaring and inappropriate towards me, my personal status and reputation affected
Happy for her to have someone, she has 50% of her time when child not with her to be with him in a discreet mannerThis in face of agreement signed by both parties 21 July 2017 includes:
Not to threaten or abuse one another
Not to defame, bad mouth or bring reputation of of the other in to disrepute to third parties or in the presence of the minor childThe minor child been under Child psychologist since early 2017 at my initiation
To be seen this week by Occupational Therapist
Social Workers involvedSo what are my rights ?
Primary concern the minor child
Lawyer: Freddie Lombard, Attorney replied 8 months ago

OK then, this makes things a lot clearer and less cryptic than your initial question - hence my request that you be more specific.

It appears to me that you understand your rights with regards ***** ***** child, and I agree, it is always a question of what is in the best interest of the minor child.

People and their personalities differ hugely, and what might be acceptable behaviour to one, will not necessarily be so for another. What one person might perceive as a proper process to introduce a "partner" to the minor and an appropriate time to do so, may be completely different to another person.

Some people may have decided on a relationship within a few days, weeks or months.

I understand that you have major concerns, and that the child's language and behaviour has deteriorated in the last few weeks. This could be the result of various things, the fact that his/her parents are going through a divorce being one big thing, and it is important to find out where this behaviour comes from and what causes it so that it can be addressed properly. Listening to what you say, it seems that you have already initiated the correct steps to address these issues by taking the child to a psychologist and an occupational therapist.

I am sure that if the child is indeed being emotionally and psychologically abused, the OT and psychologist will pick up on this, and then you can bring an application for a change in the child primary residence, ie that you become the primary resident parent and that your child lives with you.

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 questions here on this topic at no extra cost if you need more information.

Regards

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Freddie Lombard
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