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Can I sign over my visitation rights ?
GarethBass
#1 Posted : Sunday, January 22, 2012 4:44:41 PM(UTC)
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Hi,

I have just recently moved to another town ( better job and pay ), my ex now wont allow my parents
to see my son as they have no rights ( apparently). Can I sign over my visitation rights to my parents so they
can still have the contact as I have had before I had to make the difficult decision. They live in the same town.

Thank you

Gareth
Momalso
#2 Posted : Tuesday, January 24, 2012 9:53:46 AM(UTC)
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That is ridiculous! Go visit www.section35.co.za - there are plenty of people on that site that will help.

Oh and P.S. the new childrens act tells a whole different story.....your Ex is in for a nasty surprise!!
Dawid Roestorf
#4 Posted : Tuesday, January 24, 2012 11:29:47 AM(UTC)
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Sorry to say this, but it is going to be extremely expensive, unless you can prove that your child has got a very good relationship with your parents, she will probably win. The court doesnt give judgement according to the best interest of the child, but of the mother, even if the children act says differently, so good luck, and hope it works out for you.
T0M
#7 Posted : Wednesday, January 25, 2012 7:17:41 AM(UTC)
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O.P. - as MOMALSO suggested, go to www.section35.co.za for help - Dawid's observation is only correct inasmuch as MOST attorneys have absolutely minimal (if any) understanding or familiarity with the provisions of the new Children's Act, particularly with the amendments that came into effect 1 April 2010. Basically custody/access/care cases make attorneys a lot of money, without them doing very much at all - specifically familiarising themselves with the new legislation. What you'll find is that a lot of attorneys who have not bothered to study the new legislation make applications as if the new Children's Act had never been passed, and the courts (which assume that the attorney knows what they are doing) treat each case on face-value.
To illustrate, if you're entitled to, say, a million rand from somebody, and you go to court and your attorney asks for R10-00 in full and final settlement, do you think the court is going to grant your attorney's request, or give you an extra R999,990.00 that you didn't ask for? Simply, you'll be given R10-00, thanks to your attorney, and still have to pay their fees, whatever they are. The same kind of thing is now happening all over this country in child access/maintenance cases. Ignorance of the law is NO defence - it is your DUTY to read, understand, and KNOW the Children's Act as it now stands, and to hold your attorney to AT LEAST the same standard of competence.

Simply, if your attorney is incompetent in terms of the Children's Act, you will be treated as if still under the old, maternal preference rules. And your children will suffer for your 'stupidity'.

In contrast, if your attorney (or yourself - you can actually successfully represent yourself in this matter, and the founder of Section35 will be able to advise you first-hand on how to do this) is completely familiar with the Children's Act as it now stands, you have an extremely good chance of winning your case.

Remember, there is no longer a 'maternal preference rule' - so mothers are no longer automatically given 'custody' (custody no longer exists under the new legislation - you now have 'care'), and the entire point of the new legislation is that the children's interests are paramount. Parents are not supposed to use their children as weapons against each other - and the Children's Act is designed to assist with this intention.

Good luck!

Dawid Roestorf
#8 Posted : Wednesday, January 25, 2012 9:50:08 AM(UTC)
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TOM, I am sorry, but we used the new ammendment in my article 35, and the judge just ignored it like it doesnt exist. Now I am stuck with a vindictive ex who does what she can to break down the bond between myself and my son.

All these ammendments means nothing if the judges dont know what they doing. so it will always be an uphill battle.
Momalso
#10 Posted : Wednesday, January 25, 2012 4:14:26 PM(UTC)
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Dawid, i posted earlier but dont see my message....

Please go to www.section35.co.za the people there can help you and most of them are either going through or have been through similar issues. Gareth, i hope you have been to section35 also.
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