South Africa Law

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Is there any legal action can be taken against a person who…

Is there any legal...

Is there any legal action can be taken against a person who does not fulfill their marriage vows, more especially if the other person wants to sort out the underlining issues

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

South Africa

Lawyer's Assistant: Has anything been filed or reported?

No. But one of them wants to end the marriage. A 2 year old child is involved as well.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know, why should the unwilling parent not punished by giving custody to the willing parent. This may in the future reduce divorce situation and more especially when the child is negatively effected.

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Answered in 12 hours by:
1/21/2018
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,712
Experience: BCom; LLB; Masters in Law
Verified
Hi there,
I can quite clearly tell you that South African law makes absolutely no provision for punishing the one spouse of they want to leave a marriage. None whatsoever.
Also, or courts will always put the interests of the child above all else, so no, you can't punish the one spouse by giving custody to the one parent only. We have joint custody in South Africa. But there is a concept of primary care giver. You could get that.
Only if a child psychologist says to the court that the one parent should not have access to the child can that ever be the case.
I think that your emotions are running wild at the moment and unfortunately they do not accord with our law.
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,712
Experience: BCom; LLB; Masters in Law
Verified
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CaseLaw
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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).

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