Search Parent24 for...
Welcome Guest! To enable all features please Log in

Notification

Icon
Error

My little girl is being used to get back at me...
Gary
#1 Posted : Tuesday, October 25, 2011 7:36:58 AM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

After being married for just three years (a marriage that by my ex and my account should never have taken place, but we were pregnant with a baby), we got a divorce and I gave my ex just about everything... purely because I wanted my 4 year old daughter to have everything she needed. I pay almost R 20 000,00 per month and have put my daughter on a full medical aid. I fly to Johannesburg every month, hire a car and spend three nights with my daughter. Every night (when I am not in Jhb) at seven o'clock I speak with her for at least half an hour.

When she had her "family day at pre-school I flew up to be there... when she had her tonsils removed, I flew up to be there, she has a concert in two weeks time, I am flying up to be there and then on her birthday towards end November, I am flying up to be there... all this while I am unemployed and running out of cash fast!!! Why am I sharing all this??? Because even though I have done everything in my power to be a great dad... my ex refuses to let me fly up to Jhb to fetch my daughter and bring her down to PE where I live for three or four days.

She has "poisened my childs mind" with the belief that she is "too small" to be away from mommy and go to PE with her dad... and that daddy will "leave her all alone" when she is in PE with me. She even went to a social worker who clearly sided with her and said we should start with one night sleep-overs in Johannesburg all over again - even though when I go to JHb my child spends three nights with me (has done for over a year now) and does not want to go home. She even refuses to talk to her mom on the phone when I am in Jhb because I must tell mom "she is busy playing"... does that sound like a child who is suffering from separation anxiety. Last time in Jhb I tried to call the social worker to let my daughter tell her that she did not want to go home after only one night with dad..... and she (social worker) did not even take my call. I left a message... and now two months later - she still has not even returned my call.

I don't know what more to do. My ex-wife is emotionally blackmailing my daughter and me... and it is hurting us and our relationship. All I want for Christmas..... is my little girl for three or four days and nights.... in my home where I will love and cherish her as I always have.
Tom
#2 Posted : Tuesday, October 25, 2011 11:21:39 AM(UTC)
T0M

Rank: Advanced Member

Groups:
Joined: 7/8/2010(UTC)
Posts: 170
Points: 537

Gary, get yourself on over to www.section35.co.za - we can help you there.

What your ex is doing is WRONG! It's ILLEGAL! And she can actually go to jail for it.

It's all taken care of by Section 35(1) of the Children's Act - which states, inter alia, that ANYBODY who stops a child from having free and unfettered access to BOTH parents, is in contravention of the law, and liable to a fine of R20,000-00 or a year in jail.

There has already been a woman found guilty of contravening this section of the Children's Act, one Jacqueline Simone Miller, the vindictive, petty, vengeful and obstructive ex-wife of one John Donald Hepburn, a man to whom ALL responsible and law-abiding parents in South Africa owe a vote of thanks.

Have a look at CASE NO. 15732/07 of the High Court of South Africa for further information. If you can't find it elsewhere, it is available as a download for members of www.section35.co.za

Sadly, the sentence of R20,000-00 was suspended for five (5) years. But it is still a landmark decision for ALL divorced parents - it proves that the new Children's Act has teeth.

It is important for EVERYBODY to realise that the law now specifically states that ALL parents have equal rights and responsibilities with regard to their children - in other words, the old rule of 'maternal preference' no longer applies.

A word of warning: do NOT, EVER, sign any document with regards to your children and access without making sure it conforms to the provisions of the new Children's Act - most attorneys are too lazy to have familiarised themselves with the new laws, so it's up to you.

Get to know every single word of the new Children's Act - especially section 35 - better than your own home phone number.

And again, if you can't find a copy elsewhere, mosey on over to www.section35.co.za - it's available there as a pdf download.

See you there!
Alec
#4 Posted : Tuesday, October 25, 2011 11:28:25 AM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Hmmm.... 4 years is a bit young for a girl to be away for so long and that distance from her mom and I am saying this as a divorced father with a 5 year old daughter whom I can also see for only a couple of days a month. Maybe when she is a bit older.... be realistic.
MxT
#5 Posted : Tuesday, October 25, 2011 12:29:39 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Social workers in this country are a major problem (as as such highly unprofessional). They refuse to believe a woman is anything other than perfect. To them she is incapable of abuse.

Until the social workers, police and judiciary realise that women are equally capable (in some cases more so) of abuse and bad behaviour, their efforts at containing abuse will be for nothing. Abuse begets abuse. The authorities must realise that ALL forms of abuse from men or women must not be tolerated.
dappies
#6 Posted : Tuesday, October 25, 2011 1:26:10 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Your little daughter needs you just as much as she needs her mother. Your ex has no right telling your daughter she is "too small" to be away from mommy. Rather utilize some of your remaining money and go see an attorney who is clued up with the new childrens act. I am sure you will get results. Also look at the www.section35.co.za site.

My daughter is only 3 years old and living with me - her mother can see her anytime she wants, but in our case, mommy never really makes any time for her. My little one is doing just fine without her mother thus far, but I don't really appreciate the situation - I wish the mother would spend more time with our daughter because I believe it is imperative for her to have a relationship with both parents.

Your ex just need to look at me and my daughter as an example to get over herself, and the lame excuse of your daughter being too young. I am sure there are many other things she says to your little angel. Funny thing is; my ex tells me the exact same thing, our daughter is too young to grow up without her mother - and then it's ok for mommy to only want to see her for three days in any given month. Some people don't make any sense.
Goonygugu
#7 Posted : Tuesday, October 25, 2011 2:35:32 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Your ex sounds like a real "winner"...

Your little girl is not too little to fly to you and sepnd time with you. What si your ex going to do when your money runs out and you can't pay her the ridiculous amount of maintenance that you are paying.

go and see a family advocate and get tis situation rectified

Good luck
lourentius.v.westhuizen
#8 Posted : Tuesday, October 25, 2011 3:02:24 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Hi Bud,

I feel for you. Hang in there and know that you now have equal rights as a father. Please mail me your contact details, as I have lost yours. lourentius@netparent.co.za
marco
#10 Posted : Wednesday, November 09, 2011 10:36:11 AM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

So much advise! d'oh!

My advise, don't ruin your daughter's life by 'fighting' over her. She wants to love both you and her mother! BOTH! And by causing a situation where she gets to feel like her parents are fighting because of her, she will start 'blaming' herself, thinking that something is wrong with HER instead of her mother or father. Lawyers don't care much about people's situations (there is exceptions but they are few, lol). And since you are running out of money, they will eventually sue you as well, lol.

And don't play the 'blaming game' (it's your mother's fault......even if your x does). Like I said, your daughter wants to know that both you and her mother loves her and when blaming the other, what you're actually saying between the lines (in her mind) is that she should forget about her mother and just choose you! We cannot make them do that!!! And if your x badmouths you in front of your daughter, don't worry too much about it (yes it's difficult), just be patient, when they get older they will asses the situation themselves and come to the right conclusions (eventually).

Just be there for her!

And if you run out of resources, you can still phone! (Just explain to her that you cannot physically be there because you are low on cash! And it does not help the situation if you spend all your money visiting her and at the end of the day you cannot support her financially any more! Speaking to her on the phone rather than visiting every second week is better in this case (in my opinion) as it is very important for you to be able to financially supporting her as well!! Don't try to be the father of the year! Just be her father with what you have and can afford! They don't need toys or fancy stuff to know that they are being cared for (those things will just ruin them). They just need you to love them and comfort them (and not fight because of them).
#3 Posted : Saturday, December 10, 2011 9:38:56 PM(UTC)
Rank: Guest

Groups:
Joined: 8/1/2008(UTC)
Posts: 10,586
Points: -10,831

Tom, slow down, my friend. You have no knowledge of the background to the case regarding Jacqueline Miller, whereas I do. Jacqueline is an outstanding mother, and does nothing but the best for her children. You should know that in these cases, not everything is clear-cut and one-sided. You should read the judgement more carefully and with less anger and bitterness, and you might glean some better insight. You certainly have no right to cast judgement of your own in this or any other forum based only on your pre-conceived ideas of what sort of person Jacqueline must be, and any further comments like this may result in appropriate relief being sought.
T0M
#11 Posted : Thursday, December 15, 2011 2:15:06 PM(UTC)
T0M

Rank: Advanced Member

Groups:
Joined: 7/8/2010(UTC)
Posts: 170
Points: 537

Guest, I have NO interest in this case, other than in the best interests of the child. And I'm very definitely NOT your friend - I choose my friends far more carefully than that!

Perhaps you should remove the rose-tinted spectacles of 'friendship' and see EXACTLY what the transcripts of the Miller case revealed.

Fact: Jacqueline Miller was found guilty by a court of law of contravening the provisions of the Children's Act.
Fact: Jacqueline Miller was given a R20,000-00 fine suspended for 5 years for contravening the provisions of the Children's Act.
Fact: Jacqueline Miller had her day in court - and lost. The Children's Act prevailed.

That should be good enough for everybody. Seek all the 'relief' (your barely veiled threat is childish! I have merely reported the facts as recorded by the courts of the country) you wish - people who are found guilty in a court of law have already had their day in court. The transcripts of the case are a matter of public record - unfortunately for you, the "Secrets Act" is not yet in force.

To everybody else:
Go read the transcripts of the case and decide for yourself.

And remember:
It is important for EVERYBODY to realise that the law (Children's Act of 2010, effective 1st April 2010) now specifically states that ALL parents have equal rights and responsibilities with regard to their children - in other words, the old rule of 'maternal preference' no longer applies - and the children have the right to unrestricted access to BOTH parents. Any person who obstructs that right may be sentenced to a year in jail or a fine of R20,000-00
Ignore the Children's Act at your own peril.
T0M
#12 Posted : Thursday, December 15, 2011 6:23:48 PM(UTC)
T0M

Rank: Advanced Member

Groups:
Joined: 7/8/2010(UTC)
Posts: 170
Points: 537

For what it's worth:
I suppose the courts of this country routinely hand out fines of R20,000-00 to people who are only being kind, understanding, loving parents to their children and (of course) completely reasonable to their ex-spouse, especially with regards to their (note THEIR) child(ren).

It must be HELL being so fundamentally and thoroughly misunderstood, particularly by the courts, don't you think?

Perhaps you should actually be taking aim at the judge who handed down the fine? The same judge (one J.C.W. VAN ROOYEN, acting judge of the High Court) who said in his ruling "She must have known that she was in breach of the Court order and, accordingly, in line with what Van Heerden JA said in S v Beukes, 10 I find that she at least foresaw the possibility that she was in breach of the court order and nevertheless made arrangements without consulting the applicant" before passing sentence.

All that learning, all that experience, all that investigation and due consideration, all the arguments from learned counsel, and all the quoted precedents, examples, and pertinent judgements - and yet the judge still, according to you, got it completely wrong...

So may we then take it that you are applying for a position at the High Court?
lee
#13 Posted : Friday, January 06, 2012 9:58:35 AM(UTC)
lele007

Rank: Member

Groups:
Joined: 11/13/2009(UTC)
Posts: 10
Points: 30

What your ex is doing is wrong. Maybeshe doesnt want the child to come to PE because she is afraid you might not bring her back or something. But the way she is going about is it totally uncalled for. I hate women like that. Hopefully she will let you take her when she is older.
Quick Reply Show Quick Reply
Users browsing this topic
Guest
Forum Jump  
You can post new topics in this forum.
You can reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You can vote in polls in this forum.