South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

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: 11 months ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 5 hours by:
9/10/2017
Lawyer: CaseLaw, Attorney replied 11 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,710
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

Ask Your Own South Africa Law Question
Customer reply replied 11 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 11 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
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 11 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 11 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 11 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

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
2,820 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

Freddie Lombard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,820 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
My wife has had 2 strokes and is unable to read or write. She
My wife has had 2 strokes and is unable to read or write. She has difficulty with logic (as most of her brain has been affected) Doctors have advised me that my wife should never be left alone as she … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Me and my wife has been married for 5 Years now. It has been
Me and my wife has been married for 5 Years now. It has been hard as we had lots of ups and downs in our relationship. We were also living with her Parents. during this time. Finally we have managed t… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
me and my fiancé have been staying together for almost three
me and my fiancé have been staying together for almost three years now. and our son is turning 2 years old in two months. ive been there since the beginning. things aren't the same as they use to be. … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
My son is expects to be filed for a divorce by his wife.
My son is expects to be filed for a divorce by his wife. They have a little girl of two years and almost five months old. His wife threatens that she will only allow him the minimum access to their ch… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi, is it possible for the father to get custody of all his
Hi, is it possible for the father to get custody of all his children. My wife has taken my two girls out of their school without my knowledge or consent , she has taken them away from the primary resi… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Good day I am a mother of two children. A daughter of 7
Good day I am a mother of two children. A daughter of 7 years old and a baby of 7 months. My current husband is the father of the 7 month old child my daughter of a previous marriage lives with me. My… read more
Shaie Zindel
Shaie Zindel
Attorney
B.A. (RAU); BProc (RAU)
1,249 satisfied customers
Hi, I met a women about 4 months ago and we have had an affair.
Hi, I met a women about 4 months ago and we have had an affair. She has told her husband last year November that she is getting a divorce but she was too scared to make a move as he verbally abuses he… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I am in the process of getting divorced. My ex earns a sizeable
I am in the process of getting divorced. My ex earns a sizeable salary and we have no children. She is currently living way outside of her means and has not paid any taxes in one and a half years. She… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
1. I recently discovered that my wife has been having an affair
1. I recently discovered that my wife has been having an affair with a widower. She has decided to file for a divorce, although this process has yet to get under way. Last Saturday, she moved her belo… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
If the wife decides to get a devorce,moves away from the father.What
If the wife decides to get a devorce,moves away from the father.What is the fathers rights regarding visitation to the child?… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
What measures are in place to enable the parent (who has vacated
What measures are in place to enable the parent (who has vacated the family home as a result of being asked to leave by the other parent), to have access to the minor child? At present, the parent is … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I am married in COP but separated from my husband for 1 year
I am married in COP but separated from my husband for 1 year awaiting divorce.Reasons for divorce are infidelity/adultery, fathering a child out of wedlock, abuse inc physical resulting in a permanent… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi i have been married for almoast five years and have a ten
Hi i have been married for almoast five years and have a ten year old son(born out of marriage) that stays with us since 2007. My wife and I have been responsible for his schooling and her biological … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I am a 37 year old unmarried mother of a 5month old baby boy.
I am a 37 year old unmarried mother of a 5month old baby boy. My baby's father and I are no longer in a relationship since mid pregnancy. He has attempted taking my baby away from me and when I told h… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
My future ex husband is a diabetic type 1 and he is demanding
My future ex husband is a diabetic type 1 and he is demanding to have the same visiting rights on my 10 month old baby. Over the years i have been seeing him go very low to the point that he could not… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Hi, My mom and step father has been married for 25years.
Hi, My mom and step father has been married for 25years. January of this year my mom decided to leave the emotionally abusive marriage. She have since been floating around between us children. My mom … read more
JP
JP
Bachelor
590 satisfied customers
Hi Im in the process of divorce my husband moved out in june
Hi I'm in the process of divorce my husband moved out in june 2009. and has not paid any form of child support since November 2009. He did give me a cash settlement in order to avoid rehabilitative ma… read more
JP
JP
Bachelor
590 satisfied customers
I have been married for almost 31 years been a faithfull wife
I have been married for almost 31 years been a faithfull wife and mother. Husband seeking old flame I want help as this has been going on for four months and its making me ill?… read more
JP
JP
Bachelor
590 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x