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NEED SOME ADVICE PLEASE !!!!!!!!
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#1 Posted : Friday, March 05, 2010 11:43:15 AM(UTC)
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HI THERE ,

MY HUSBAND HAS A 6 YEAR OLD SONE WITH HIS EX GIRLFRIEND AND SHE DOES NOT ALLOW HIM TO SEE HIS SON AT ALL.
THEY HAVE GONE TO THE MAINTENANCE COURT AND IT WAS SAID THET HE CAN SEE HIS SON EVERY SECOND WEEKEND.
WE HAVE TRIED PHONNING HER AND SHE JUST KEEPS ON CHANGING HER NUMBER . SHE IS STAYIENG WITH HER BOYFRIEND THAT USES DRUGS AND THATS A FACT HE WAS IN A REHAB AND WAS BUSTED FOR GROWING DAGGA ON HIS FARM . MY HUSBAND HAS BEEN TO MANY SOCIAL WORKERS AND THEY JUST DONT DO ANYTHING , NOTHING AT ALL , WE HAVE EVEN PHONED CHILD LINE WHEN HER BOYFRIND HIT MY HUSBANDS SON.
THE CHILDS PRINCIPAL AT HIS PREV . SCHOOL HAS COMPLAINED TO MY HUSBAND ABOUT :
HIS SON GOES TO SCHOOL WITHOUT UNDERPANTS ON AND HIS FRIENDS MAKE FUN OF HIM
HE WETS HIS PANTS AT SCHOOL
WE HAVE ALSO GOT THE FOLLOWING PROPLEM WITH HIS EX :
IN THE PAST WITH ANOTHER BOYFRIEND SHE TOLD YHE CHILD TO CALL HER BOYFRIEND DADDY
SHE WORKS DURING THE DAY AND AT NIGHT IN A BAR THEN GOES DRINKING
SHE MOVES FROM ONE PLACE TO ANOTHER WITHOUT LETTING MY HUSBAND KNOW ( WE ALL LIVE IN THE SAME TOWN)
SHE HANGS OUT WITH PEOPLE WHO USE DRUGS
THERE IS PICTURES ON FACEBOOK OF HER WHERE SHE LOOKS REALLY HIGH OR VERRY DRUNK
WHEN SHE WORKS EVERY WEEKEND AT THE BAR , WHERE IS MY HUSBANDS SON?
MY HUSBANDS SON IS NOW IN GRADE 1 AND HE HAS WET HIS PANTS AT HIS NEW SCHOOL ALSO
THE THING IS SHE DOES NOT WANT MY HUSBAND IN HIS SON'S LIFE AT ALL , HE HAS NO CONTACT WITH HIS SON !!!!
ALSO ONE THING THAT REALLY BOTHERS ME :
THE LAST TIME WHEN MY HUSBANDS SON CAME TO VISIT US HE PLAYED WITH FRIENDS NEXT DOOR AND HIS FRIEND WENT TO COMPLAIN TO HIS MOTHER THAT MY HUSBANDS SON KEEPS ON TOUCHING HIS PRIVATE PARTS AND KEEPS ON SAYIENG " OUCHI MY BALLS HURT"
THIS IS NOT NORMAL FOR ME , MY HUSBAND AND I HAVE A THREE YEAR OLD DAUGHTER TOGETHER .
WE DONT KNOW WHAT TO DO ANYMORE !!!!!!!
MY HUSBAND HAS GOT NO SAY IN HIS CHILDS LIFE , SHE DOESENT LET HIM KNOW ABOUT ANYTHING REGARDING HIS CHILD FOR EXAMPLE:
WHAT SCHOOL HE IS IN
WHEN IS PARENTS MEETING
HOW IS HE DOING AT SCHOOL
WHERE ARE THEY STAYIENG .

WE NEED SOME ADVICE PLEASE ?
Gary Fathers 4 Justice
#2 Posted : Friday, March 05, 2010 1:47:27 PM(UTC)
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No Parent has any right to deny access
If there is no order of court in place you can lay a CRIMINAL charge under section 33 of the New Children’s act. Both parents are legally bound to adhere to this act.
Where there is an order of court, did you know that you can CRIMINALLY prosecute the offences? An order of court is a legally binding document on the parties and failure to comply with it is a CRIMINAL offence.
F4J is aware that your local prosecutor and magistrate are either not informed or do not care to prosecute, either way you can have the matter referred to either another magistrates court or to a higher court. Where the prosecutor fails to send the matter forward to the local magistrate you can refer the matter to the regional prosecutor who has 90 days to handle the matter – failing which you can have the matter referred to the National Prosecuting Authority.
In a civil case the onus is on you to prove that there has been some wrong doing – in a criminal case the onus or burden is on the person being criminally prosecuted to prove that there is no wrong doing? With a criminal case you can lay the charge at your local police/ magistrate’s court and the matter will be heard there.
There are various other ways that you can approach the Family advocate’s office to do an investigation that does not require money and lawyers.

Contact Fathers 4 Justice for additional assistance and support on www.f4j.co.za
divdad
#3 Posted : Tuesday, March 09, 2010 3:51:20 PM(UTC)
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"– in a criminal case the onus or burden is on the person being criminally prosecuted to prove that there is no wrong doing?"

Gary; small booboo
i think you meant that in criminal matters the onus lies with the prosecutor to prove that the accused is guilty beyond doubt
and not that the accused is responsible for proving his/ hers innocence
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