Ask an expert
Question

10 Jun 2011

hELP
Hi

My boyfriend and I have recently broken up. We have a 2year old daughter together. He hasn''t been there half the time but it seems that he wants to take her away from me.

She is on his surname and his medical aid and this really stresses me out. He does not maintain further than this.

What can I do?

Thanks
Answer 457 views
Expert
Family law expert
family law expert

01 Jan 0001

There is absolutely no way any court will grant an order giving your ex full parental rights inclusive of being the parent of primary residence, unless it is in the interest of the child to do so. Gathering from the facts you gave, I can see no reason why you should worry about the threat he has made. Both of you do have joint parental rights, but given the age of the child, I doubt whether he will get more than supervised access at this point in time. I would suggest that you lodge a care and contact dispute via the children's court and request that a parenting plan be implemented.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
bertus@divorceattorney.co.za
The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical examination, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.