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Can my wife exhusban remove the kids from hir custody with…

Can my wife exhusban...

Can my wife exhusban remove the kids from hir custody with out a cort order and rome hir rights to see them

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

South africka cape town

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

No not as far as we know there might be a polise report for a domestic vilonce despute but me and my wife are sorting our problimes out and taking steps to not let it happen again

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

Ok the story is she is the kids are in here primary care the oldes is 13 and other one is 7 they are boys.

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Answered in 23 minutes by:
2/8/2018
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,785
Experience: Practicing attorney and conveyancer with 16 years post article experience.
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Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Ask Your Own South Africa Law Question

I am not 100% sure I understand the question, but, if you are asking whether your wife's ex-husband can take her children out of her custody without a Court Order, then the answer is NO. He cannot do that.

If she was given the rights and responsibility of having the children in her care then an Order from a competent Court is required to change that.

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

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,785
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 3 months ago
sorry i did not ask the question right
we had a domesitc villonce thing between me and my wife and kids was present so the father fetch the kids form our house
witch was fine but in the last week we sorted out our diffrace and what to do so that it will don`t happen again and on my side there is good chance for n medical reason that made me behave the way i did as i am not n vilont person was at a dockter and canged my meds and she also did not get hert but what he did was he took the kids and the took here to his mediator wile she was under medication to calm here
as he did not allow here to see or speek to the kids and the mediator draw up a dockumet that states she can not take the kids
to our house an i am never to speak or see them again and she has to divorce me or will never get her kids back and will have limited access to them and her ex-husband but they do not have court order and she has here court order that states the kids his in her primary care we no we were wrong and we are fixing our marriage but they are forcing her by use of her kids
to no see me we whant to do wat is right for the kids but what he is doing now is not right way an she has no say of how to proceed to do the right thing with the kids and get the back to there normal routine and reasure them everything is ok becouse of this document the mediator made here sign and the mediator is not court appointed to them her ex-husban is paying him for services and he has been using him for a year we are prepard to go the right whey with the court if needed for investigation but not this way it but more strain and confusion on her kids

I doubt that the mediator has the power to change an existing Court Order. The mediator can only mediate and make recommendations to Court in instances where the mediation is not successful.

So, no, I am of the opinion that a Court Order is needed and that the ex-husband will currently find himself in contempt of the existing order.

Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

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Freddie Lombard
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Category: South Africa Law
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Experience: Practicing attorney and conveyancer with 16 years post article experience.

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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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