FW: OUTCRY AGAINST FAMILY ADVOCATES OFFICE; REQUEST FOR INTERVENTION BY MINISTER BRIDGETTE MABANDLA

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Marius Janse van Rensburg

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Mar 3, 2008, 4:11:36 AM3/3/08
to Marius Janse van Rensburg

 

 

From: Asif Suleman [mailto:as...@medis.co.za]
Sent: 28 February 2008 01:20 PM
To: f4j ecape; Stuart McDonald; F4J GP Nadir (Phoenix Management and Training); F4J GP Rachel Baeta; F4J GP Drake Orurarch; Mornay Edgar; RaymondGlad@vodamail. co. za
Subject: RE: OUTCRY AGAINST FAMILY ADVOCATES OFFICE; REQUEST FOR INTERVENTION BY MINISTER BRIDGETTE MABANDLA

 

ur right

please foward my email on to as many as you can to create awareness

i sent a second letter for media publication

can you guys put it out to all jhb and national media 

drakes comments are below this letter

 

AN OPEN LETTER TO MINISTER BRIDGETTE MABANDLA ,[MINISTER OF JUSTICE SOUTH AFRICA]

RE:FAMILY LAW, HUMAN RIGHTS, JUSTICE AND PROTECTION OF CHILDRENS RIGHTS:

 

CC: FAMILY ADVOCATES OFFICE,

SOUTH AFRICAN LAW REFORM COMMISSION,

 SOUTH AFRICAN HUMAN RIGHTS COUNCIL,

CENTRE FOR OPEN DEMOCRACY,

FATHERS 4 JUSTICE SOUTH AFRICA MEMBERS AND SUPPORTERS

TO ALL INTERNATIONAL F4J/CHILDRENS ACTIVIST GROUPS

 

DEAR MINISTER MABANDLA

 

Apologies to all for the length of this email.[IT IS HOWEVER WORTH READING]

 

THE GIST OF THIS EMAIL SURROUND THE CHILDRENS ACT IN SOUTH AFRICA, which was intended to promote,the best interests of child with a view to co-operative shared parenting and an end to maternal bias, in accordance with the constitution of SOUTH AFRICA.

 

A meeting was held with the OFFICE of the FAMILY ADVOCATE [SOUTH AFRICA], on 22 FEBRUARY 2008, attended by all principal family advocates, wherein, compliance with the CHILDREN'S ACT, and the SOUTH AFRICAN CONSTITUTION, was promised

and an end to admitted previous practice of maternal preference, would immediately occur,

 in favor of CHILDRENS BEST INTERESTS,

Promotion of co-operative parenting [joint and equal parental rights and responsibilities] ,

 and the additional strong condemnation of any behavior promoting PARENTAL ALIENATION,

 or deliberate conflict mongering in order to prevent recommendations of equall parenting  i.e.: joint custody would occur.

 

THE IMMEDIATE URGENT IMPLEMENTATION  OF THIS POLICY WAS UNDERTAKEN.

The family advocates office , went further to state that whilst they are prepared to comply with the spirit and regulations contained in the CHILDRENS ACT, and constitution, they feared it would take a long time to change the orthodox, archaic and non progressive anti reform ideologies of some members of the judiciary.

 

Regrettably this has actually turned out to be a false undertaking, with 2 recent recommendations made by the FAMILY ADVOCATES OFFICE, continuing with punitive

action and maternal bias, against fathers for wanting to remain committed to serving their children's best interests, and rewarding actions encouraging PARENTAL ALIENATION, by recommending against co-operative parenting, in one case, and actually decreasing care and contact in another.

 

These are not isolated cases, and are reflective of the state of  FAMILY LAW in SOUTH AFRICA

 

THE arguments against shared parenting, are dispelled by mountains of available research, to which the FAMILY ADVOCATES OFFICE,appears oblivious.

Take a look at the extract below from

Shared Parenting Information Group (SPIG) UK

Shared Parenting should only occur if the parents agree

Basically it is argued that if the parents cannot agree there will be a hostile environment which will affect the children. Clearly there are some cases where this is so, but it is worth examining the situation closer.

Parents with sole custody orders are not immune from intense conflict which is witnessed by their children, and there is no evidence that shared parenting increases that hostility. It could be argued that any hostility which the children initially experience would be balanced by the opportunity to continue their relationship with both parents in a meaningful way.

Denying shared parenting solely because of one parent's opposition ignores the child's wishes and developmental needs.

There is thus a need to closely examine parental opposition to shared parenting on a case by case basis, remembering particularly the UK case of Caffell [1980] where the courts hoped that shared parenting would bring the parents together to co-operate for the benefit of the child

 

The general feeling amongst the public and members/ supporters of FATHERS 4 JUSTICE SOUTH AFRICA,[which I have been asked to convey], is one of no confidence in the present fuctioning and role of the FAMILY ADVOCATES OFFICE, and family law in SOUTH AFRICA.

 

F4J in SOUTH AFRICA, has always engaged in a respectful law abiding manner, with the FAMILY ADVOCATES OFFICE, and adopted a moderate co-operative activist stance, whilst lobbying for reform, and acting as a  neutral watch dog  over family law cases. We are neither pro dad or anti mum....it is children first, and their best interests which is the only gold standard.

 

The vote of no confidence has resulted in calls for pickets,anti FA lobbying, and general non compliance or attendance at FAMILY ADVOCATES enquiries, by fathers [this being a commonly adopted strategy by mothers and some unethical legal practitioners, to delay cases whilst entrenching PAS].This will be tragic and drag family law/family advocates functioning to a halt, but many fathers now feel that they have a better chance of securing their relationship with their children, outside of the FAMILY ADVOCATES OFFICE,even if they receive a letter advising the presiding judge of non compliance, than they do at the hands of the family advocates office, which continues functioning without established protocols [standard operating procedures] resulting in no accountability, kangaroo like enquiries, and non compliance with the constitution.

 

F4J encourages its members to continue lobbying for reform,and to continue compliance, and co-operation, with a heavy heart, whilst awaiting a response from the CHIEF FAMILY ADVOCATE, MINISTER OF JUSTICE, AND THE VARIOUS HUMAN RIGHTS ORGANISATIONS, and not to react in an impulsive knee jerk reaction. We are committed parents, moral law abiding citizens, and our moderate behaviour reflects on our maturity, and will enhance our standing in lobbying for reform.

 

This may appear to be a contradiction to our vote of no confidence, and our exhausted patience with the FAMILY LAW SYSTEMATIC STATE SANCTIONED CHILD"ABDUCTION AND PARENTAL ALIENATION", but we are hopeful that our childrens voices echoed through our words will bear fruit.

 

I await  an urgent response from MINISTER MABANDLA, and ADV SEABI, and further intervention by any civil rights group/ stake-holders in family law.

 

Help protect and promote the best interests of all our children affected by parental separation

 

REGARDS

DR ASIF SULEMAN

REGIONAL CO-ORDINATOR

 FATHERS 4 JUSTICE SOUTH AFRICA

KWA ZULU NATAL

 

 

DR ASIF SULEMAN [MbChB-NATAL]

REGIONAL CO-ORDINATOR

FATHERS-4-JUSTICE[KZN]

453 WINDERMERE RD,

 MORNINGSIDE

DURBAN

 

082 777 55 77

031-312 34 88 /032 944 3769

0865 165 915

 

 

INTENDED RECIPIENTS ONLY.F4J IS A REGISTERED NGO/NPO ACTIVELY PROMOTING A CHILDS BEST INTERESTS AFTER PARENTAL SEPERATION.PARENTAL ALIENATION IS CHILD ABUSE.LET OUR KIDS BE THE WINNERS AND NOT THE PRIZE

-------Original Message-------

 

Date: 2008/02/28 01:07:55 PM

Subject: RE: OUTCRY AGAINST FAMILY ADVOCATES OFFICE; REQUEST FOR INTERVENTION BY MINISTER BRIDGETTE MABANDLA

 

Hi Asif,

 

My issue is; Family law needs to look into the issue of maintenance. Most Mums hang on to the children knowing there is monetary value to this.  As if this is not enough, they continue to alienate Dads from their children, regardless of the emotional consequences this has on the children. Most of them do not use the money for the needs of the children but as a tool to spite their ex husbands. Family law should look into how maintenance should be administered. As long as the parent with the primary residence with the children continues to receive maintenance in cash, paid into their account, the abuse will continue.

Family law needs to develop a way that all maintenance for the children should go directly where the service or item needed is eg fees directly to the school, food, clothing in form of vouchers. Payment of cash into an ex spouse’s bank account should be stopped.

 

 

Drake Orurach

 


From: Asif Suleman [mailto:as...@medis.co.za]
Sent: 28 February 2008 12:03 PM
To: Julia Sloth-Nielsen; cma...@justice.gov.za; Bmak...@justice.gov.za; MeSim...@justice.gov.za; mini...@justice.gov.za; RKa...@justice.gov.za; ShMo...@justice.gov.za; NTho...@justice.gov.za; Mpongwana Zikhona [SEABI PA]; mbammbo m; Sewcharan Anusha; Seabi Petunia; Ogorman Mary; Joubert Lynette; Ebrahim Shirin; SALRC Moloi Geraldine; PAIA Kekana William; SALRC Clark Dellene; SALRC Sukhraj Praveena; SALRC Nesbitt Gillian; SAHRC Juliette Steffers; Alison Tilley ODAC; 'Mthimunye Paul'; Senzo Ngwane
Subject: OUTCRY AGAINST FAMILY ADVOCATES OFFICE; REQUEST FOR INTERVENTION BY MINISTER BRIDGETTE MABANDLA
Importance: High

 

AN OPEN LETTER TO MINISTER BRIDGETTE MABANDLA ,[MINISTER OF JUSTICE SOUTH AFRICA]

RE:FAMILY LAW, HUMAN RIGHTS, JUSTICE AND PROTECTION OF CHILDRENS RIGHTS:

 

CC: FAMILY ADVOCATES OFFICE,

SOUTH AFRICAN LAW REFORM COMMISSION,

 SOUTH AFRICAN HUMAN RIGHTS COUNCIL,

CENTRE FOR OPEN DEMOCRACY,

FATHERS 4 JUSTICE SOUTH AFRICA MEMBERS AND SUPPORTERS

TO ALL INTERNATIONAL F4J/CHILDRENS ACTIVIST GROUPS

 

DEAR MINISTER MABANDLA

 

Apologies to all for the length of this email.[IT IS HOWEVER WORTH READING]

 

THE GIST OF THIS EMAIL SURROUND THE CHILDRENS ACT IN SOUTH AFRICA, which was intended to promote,the best interests of child with a view to co-operative shared parenting and an end to maternal bias, in accordance with the constitution of SOUTH AFRICA.

 

A meeting was held with the OFFICE of the FAMILY ADVOCATE [SOUTH AFRICA], on 22 FEBRUARY 2008, attended by all principal family advocates, wherein, compliance with the CHILDREN'S ACT, and the SOUTH AFRICAN CONSTITUTION, was promised

and an end to admitted previous practice of maternal preference, would immediately occur,

 in favor of CHILDRENS BEST INTERESTS,

Promotion of co-operative parenting [joint and equal parental rights and responsibilities] ,

 and the additional strong condemnation of any behavior promoting PARENTAL ALIENATION,

 or deliberate conflict mongering in order to prevent recommendations of equall parenting  i.e.: joint custody would occur.

 

THE IMMEDIATE URGENT IMPLEMENTATION  OF THIS POLICY WAS UNDERTAKEN.

The family advocates office , went further to state that whilst they are prepared to comply with the spirit and regulations contained in the CHILDRENS ACT, and constitution, they feared it would take a long time to change the orthodox, archaic and non progressive anti reform ideologies of some members of the judiciary.

 

Regrettably this has actually turned out to be a false undertaking, with 2 recent recommendations made by the FAMILY ADVOCATES OFFICE, continuing with punitive

action and maternal bias, against fathers for wanting to remain committed to serving their children's best interests, and rewarding actions encouraging PARENTAL ALIENATION, by recommending against co-operative parenting, in one case, and actually decreasing care and contact in another.

 

These are not isolated cases, and are reflective of the state of  FAMILY LAW in SOUTH AFRICA

 

THE arguments against shared parenting, are dispelled by mountains of available research, to which the FAMILY ADVOCATES OFFICE,appears oblivious.

Take a look at the extract below from the attachment, [appropriate references contained]

Shared Parenting should only occur if the parents agree

Basically it is argued that if the parents cannot agree there will be a hostile environment which will affect the children. Clearly there are some cases where this is so, but it is worth examining the situation closer.

Parents with sole custody orders are not immune from intense conflict which is witnessed by their children, and there is no evidence that shared parenting increases that hostility. It could be argued that any hostility which the children initially experience would be balanced by the opportunity to continue their relationship with both parents in a meaningful way.

Denying shared parenting solely because of one parent's opposition ignores the child's wishes and developmental needs.

There is thus a need to closely examine parental opposition to shared parenting on a case by case basis, remembering particularly the UK case of Caffell [1980] where the courts hoped that shared parenting would bring the parents together to co-operate for the benefit of the child

 

The general feeling amongst the public and members/ supporters of FATHERS 4 JUSTICE SOUTH AFRICA,[which I have been asked to convey], is one of no confidence in the present fuctioning and role of the FAMILY ADVOCATES OFFICE, and family law in SOUTH AFRICA.

 

F4J in SOUTH AFRICA, has always engaged in a respectful law abiding manner, with the FAMILY ADVOCATES OFFICE, and adopted a moderate co-operative activist stance, whilst lobbying for reform, and acting as a  neutral watch dog  over family law cases. We are neither pro dad or anti mum....it is children first, and their best interests which is the only gold standard.

 

The vote of no confidence has resulted in calls for pickets,anti FA lobbying, and general non compliance or attendance at FAMILY ADVOCATES enquiries, by fathers [this being a commonly adopted strategy by mothers and some unethical legal practitioners, to delay cases whilst entrenching PAS].This will be tragic and drag family law/family advocates functioning to a halt, but many fathers now feel that they have a better chance of securing their relationship with their children, outside of the FAMILY ADVOCATES OFFICE,even if they receive a letter advising the presiding judge of non compliance, than they do at the hands of the family advocates office, which continues functioning without established protocols [standard operating procedures] resulting in no accountability, kangaroo like enquiries, and non compliance with the constitution.

 

F4J encourages its members to continue lobbying for reform,and to continue compliance, and co-operation, with a heavy heart, whilst awaiting a response from the CHIEF FAMILY ADVOCATE, MINISTER OF JUSTICE, AND THE VARIOUS HUMAN RIGHTS ORGANISATIONS, and not to react in an impulsive knee jerk reaction. We are committed parents, moral law abiding citizens, and our moderate behaviour reflects on our maturity, and will enhance our standing in lobbying for reform.

 

This may appear to be a contradiction to our vote of no confidence, and our exhausted patience with the FAMILY LAW SYSTEMATIC STATE SANCTIONED CHILD"ABDUCTION AND PARENTAL ALIENATION", but we are hopeful that our childrens voices echoed through our words will bear fruit.

 

THE COMMENTS BELOW ARE SOME OF THE MILDER ONES RECEIVED, BUT ARE REFLECTIVE OF A MAJORITY VIEW[ and are coincidentally mainly from females],.

 

Those not in receipt of all communications are urged to follow the correspondence from "bottom -up" to get a deeper understanding, of what has precipated in this email.

 

I await  an urgent response from MINISTER MABANDLA, and ADV SEABI, and further intervention by any civil rights group/ stake-holders in family law.

 

Help protect and promote the best interests of all our children affected by parental separation

 

REGARDS

DR ASIF SULEMAN

REGIONAL CO-ORDINATOR

 FATHERS 4 JUSTICE SOUTH AFRICA

KWA ZULU NATAL

 

 

 

Date: 2008/02/27 04:43:08 PM

 

 

 

 

 

 

Hi Asif

I am tremendously sadden by this. The justice system certainly seems to be failing in allowing parents (regardless of gender) to love and care for their children. It is tragic that parents feel the need to abuse the system by trying to get back to their ex partners and therefore indirectly hurting the innocent victims, which are our children.

Even throughout this unfairness, we must stand united and persevere in this quest for justice.

In GOD we Trust.

Kind Regards,

 

From: Skye

Date: 2008/02/27 07:46:50 PM

Subject: Re: i need your comments urgently

 

 

 

 

 


There is overwhelming evidence that the Family Advocates office is actually instrumental in the harming of many innocent children and fathers. Whatever good work they are perceived to be doing means nothing with the ruining of even 1 child’s life, and the with their lack of basic thought application, holistic and practical case consideration, and their naïve medieval belief systems, they are responsible for causing unnecessary grief to hundreds of children and families in South Africa.

Their systematically predictable recommendations are asinine and a mockery of children’s lives and their basic right to be happy. Every child has a right to a fair chance to grow into a star, and the F.A system is ripping away from under them the social structure that is the foundation they need to grow into normal balanced adults.

I believe a case should be brought against the Family Advocates office and they should be sued as their is now and has been for a while a solid case against them for:

  • mental abuse to children
  • abuse to men
  • denying the rights of South African humanity as a whole
  • malpractice
  • gross harmful negligence

 

  • responsibility for the degradation of the lives of children and fathers
  • making a mockery of the the very rights they are charged to protect


The F.A practices stinks of a stubborned sluggishness, and they might as well be handing out guns instead, because they are slowly killing many children.
I myself am not a dad, but have a horrible fear of the day if ever it should arrive where my child's life has to be decided by these dim witted, poor excuses for professionals.


Date: 2008/02/28 09:38:20 AM

 

 

 

 

 

Hi Asif

My fight is just beginning so I may not have anything relevant to say. However I did request joint custody of my daughters when my ex-wife and I were drafting our settlement agreement. The female attorney we hired jointly (I was deluded by thinking there would be an amicable divorce) discouraged this saying it was almost impossible to achieve. Consequently my ex-wife has full custody.
 I believe the function of the family advocate should therefore extend to protecting all members of the disintegrating family by insisting on:

 The incomplete and ineffective function of the FA has therefore left me as nothing more than a slave to my ex-wife. She on the other hand has continued her life virtually without consequence due to the financial support she has received from her wealthy family. The saddest part of this story being that my two daughters have expressed the desire to live with us equally; I know that if I broach this subject with my ex-wife it will be rejected as she would lose her financial and emotional hold over me.

 

Regards

Wayne Stepanik


From: Tracey King

Date: 2008/02/28 08:25:31 AM

 

 

 

 

Hi Asif

I know what wayne and raymond are going through as i mentioned to you i havent seen Falcon in many years.the family advocate that came through you email called me once and never again.i long to see my baby and his granny doesn't want me to.As much as mother's have their rights so should father's be treated the same.

It breaks me that parents can be kept  away  from their  kids  and it's wrong the  law  needs to wake up honestly. Even in my case i should have my son with me he is 9 now and really wants to be with his family.

I pray that  Raymond and Wayne get their hearts desire.

God Bless

Kind Regards
Tracey King  

From: Monika Hinze

Date: 2008/02/27 04:43:59 PM

 

 

Hi Asif.

Thanks for your Email.

Quite frankly I am disgusted!!!  Unfortunately it seems (actually it is quite OBVIOUS to me) that the FA are very much still on the mothers’ side and I feel this is very unfair to say the least, in light of all the evidence that has been presented.  I fail to see how their decision has been for the good of the child.  They seem to be more on the mother’s side than that of the child.

I really hope that something will be done about this.  I am a mother and can’t believe how such despicable behavior from other mothers can be supported and endorsed by FA.  

Regards,

Monika Hinze

 

 

From: Asif Suleman [mailto:as...@medis.co.za]
Sent: 27 February 2008 03:24 PM
To: cma...@justice.gov.za; Bmak...@justice.gov.za; NTho...@justice.gov.za; WCa...@justice.gov.za; Mpongwana Zikhona [SEABI PA]; mbammbo m; Sewcharan Anusha; Seabi Petunia; Ogorman Mary; Joubert Lynette; Ebrahim Shirin
Cc: ste...@f4j.co.za; Mornay Edgar; m...@agileprojects.co.za; f4j ecape; Stuart McDonald
Subject: URGENT CLARITY SOUGHT
Importance: High

 

URGENT CLARITY SOUGHT

 

 

 

 

DEAR  ADV SEABI

MEMBERS OF THE FAMILY ADVOCATES OFFICE

 

Further to our meeting on 22 February 2008, I noted a strong sense of progressive family law reform spirit amongst the FAMILY ADVOCATES office , members.

Kindly see the 2 email's below, written to me below.

 

I obviously and as I made clear in the meeting do not  wish to see any degree of paternal preference, at the same time it was made clear from the F4J delegation, that behavior reflective of deliberate PAS or enhanced conflict solely for the purposes of obstructing co-parenting recommendations would still be tantamount to rewarding the alienating parent.

Point 4  of my minutes cautioned about such behavior

F4J is of the opinion that conflictual behavior is deliberately increased as a practice by alienating custodial parents to deliberately deny recommendations of equally parenting/custodialship and as such rewards alienating behavior .

 

My further discussion added that even in the most high conflict of situations research emanating from AUSTRALLIA, NEW ZEALAND indicated that when theses high conflict parents were forced to work together ,the deliberate conflict mongering, appeared to subside, and the children tended to prosper more as opposed to sole custody

 

Kindly refer to Waynes email in which he states"

Sadly, very sadly the maternal  bias is still very evident .It seems that the maternal party need only not to agree to joint parenting and this will not be the case. And will be backed up by the family advocates office.

 

in terms of waynes report which I have not seen,but he quotes:'

I quote from point 8.6 in my report.

 

“THE PLAINTIFF is averse to the idea of co parenting. This places the child in the middle of a battlefield. As opposed to her having the comfort and security of a united parental front. “

 

Wayne adds further

"the gist of the report is the Family advocates awarded full parental rights and responsibilities ,YES everyone you guessed it, to the MOM."

 

 He later adds"

The fact that the new law does say that anyone obstructing joint custody and is  seen as the perpetuator of acrimony will have the possibility of losing the parenting rights. Seems like someone forgot about this little section in the act."

 

his overall summation of his enquiry is best summised by"

So much for my proposed parenting plan so much for the new face and stance of the family advocates and so much for the new children’s act.

 

The 2nd letter from MORNAYE F4J SOUTH RAND [GP]

refers to a dad , RAYMOND, who was recurrently denied access, and whose children are victims of PAS,  the results of an enquiry,[  the full report I do not yet possess suggests also a rewarding of alienating behavior], once again retaining a distinct flavor of maternal preference and paternal prejudice raises the following  issues:

"

No more holiday sleep out access for his little girl of 4 until she turns 6.

Previously he had both of them for alternating holidays.

Reduced week-end time. Previously he fetched them on a Friday at 14.00 and

had to take the children back at Sunday 17.30, now only fetch at 17.00 and

They must be back at 16.00 on a Sunday.

He can not see them in the week, if he had access to them over previous

week-end. Previously he saw them every Wednesday from after school.

He is not allowed to take/fetch them from pre-school. Previously he could do

so."

 

I am very cautious not to jump to foregone conclusions and await both reports, before responding to the complaints so as to ensure, that I bring forward accurate information.

None the less the contents of the email are disturbing to me, and fly in the face of my email yesterday in which I stated to our 2000 members and supporters,

"

It is indicative of a progressive reform based agenda adopted by the FA, and is encouraged and applauded by F4J.

HOWEVER WE DO NEED TO ENSURE THAT THIS DOES NOT JUST TRANSLATE  INTO A P.R.O EXERCISE BUT INTO CONCRETE RESULTS, within a reasonable and not protracted time frame."

 

Before commenting further on these 2 cases I await internal correspondence from F4J EXCO,

and the complete reports, so as to stay true to the neutral stance that I have been propagating,

when I state as I recurrently do to our membership, and I once more quote from yesterdays correspondence"

It is however imperative that F4J  also maintains vigilance over itself, and continue to maintain a neutral, independent reform based agenda without any gender bias, and the best interests of the child as its only gold standard, and that there should never be any hesitancy in promoting research or its watch -dog role on family law cases brought to our attention, AND TO SPEAK OUT FEARLESSLY IN MATTERS WE FEEL HAVE NOT SERVED THE CHILDS BEST INTEREST."

 

In the interim, may I kindly have your comments, and those of your colleagues on a broad front as to what is the REAL policy of the FA, and its stance in removal of maternal bias and not rewarding parents who promote increased conflict solely for the purposes of preventing co-operative parenting with equal parental rights and responsibilities, and as to whether your progressive stance has actually filtered down to your officers, who still appear to be making punitive reccomendations in the "old spirit "of the FA.

 

I anxiously await your urgent reply

 

REGARDS

ASIF

 

 

 

Hi Asif

 

I have just received the report from the family advocates office.

 

Sadly, very sadly the maternal  bias is still very evident .It seems that the maternal party need only not to agree to joint parenting and this will not be the case. And will be backed up by the family advocates office.

 

I quote from point 8.6 in my report.

 

“THE PLAINTIFF is averse to the idea of co parenting. This places the child in the middle of a battlefield. As opposed to her having the comfort and security of a united parental front. “

 

So mom does not like the idea dad gets screwed. But is seems moms are always right.

 

I quote again

 

“There continues to be acrimony between the parties. The parties have not had counselling in this regard.”

 

The mom has on all occasions dismissed this counselling as requested by myself. I have legal correspondence to back this up. Even though the FA suggest this counselling, if the mom does not want it who is going to force her so the status quo will remain. So dad get screwed again.

 

Mom promotes acrimony dad get screwed and in my case I can produce evidence of this in legal correspondence as recently as December. In the denial of my holiday access which necessitated me having to go the legal route.

 

Then they make reference to what we all know about acrimony regarding parents and the psychologists reports on this. Making reference to a somewhat confused François de Marigny which excluded me from one of Cassi assessments and has from day one not made any reference to the fact that the mom promotes the acrimony.

 

I quote “joint care” will further perpetuate the tensions between the parties. A view expressed by François De Marigny.”

 

This is the same guy whose reports were found wanting in the du plessis case.

It is also quite ironic that it is the same Ms Karrim that was involved in that case as well.

 

So the gist of the report is the Family advocates awarded full parental rights and responsibilities ,YES everyone you guessed it, to the MOM.

 

So much for my proposed parenting plan so much for the new face and stance of the family advocates and so much for the new children’s act.

 

Moms just have to disagree with the dad and she gets it all. NO change to what we got now.

 

The fact that the new law does say that anyone obstructing joint custody and is  seen as the perpetuator of acrimony will have the possibility of losing the parenting rights. Seems like someone forgot about this little section in the act.

 

Finally even after my daughter at the age of 2 asking to stay with me and François report stating that My daughter sees me as  and I quote “main source and object of love and positive feelings is her father” and further the FA stating that my daughter said” she indicated that she does not cry for her mom when she is with her dad. However, she does cry for her dad when with her mom”

 

Additionally they acknowledge the strong bond between me and my daughter but still maintain primary residence with the mom and sole parental rights to the mom.

 

The new act means nothing to the family advocate’s office and they have again taken the normal route. THE MATERNAL BIAS despite the fact that the mom has been obstructive.

 

I will be making this report available as soon as I get it via email or on electronic format.

 

To say I am highly disappointed with this report is an underestimate. Because I left those offices feeling positive about what was said and indicated to me only to have the same stance put forward.

 

 

-------Original Message-------

 

From: Mornay Edgar

Date: 2008/02/26 11:50:35 AM

Subject: FA- Pretoria

 

Morning Asif & Steven

 

I've noted  contents of your e mails but  believe

the FA is only about lip service. I hoped that the FA will not be gender

biased and believed that once you have a parenting plan drawn up the chances

are great that the FA will approve and make favourable recommendations.

After I spoke to Raymond yesterday, I am not so sure anymore,and to tell

other Dads to ask the FA to intervene in their cases.I was under the

impression that the FA favours the new Act and give more access/visitation

to dads.

 

We have a dad by the name of Raymond here in JHB. He has two beautiful girls

age 6 and 4.

He got divorced under the old act but more often than not his ex denies him

access to the children.

He has filed 4 x contempt of court order, but as you all know the police did

not prosecute.

 

He applied for a variation order on visitation/access rights and both him

and his ex were at the FA office in Pretoria on Monday. One hour session

with a female FA.

 

He got the FA report/recommendations back yesterday and his

access/visitation rights has decreased. He said that him and ex agreed in FA

office on a lot of visitation rights and this was never recorded or put into

the new report.

 

Below just a few points

 

No more holiday sleep out access for his little girl of 4 until she turns 6.

Previously he had both of them for alternating holidays.

Reduced week-end time. Previously he fetched them on a Friday at 14.00 and

had to take the children back at Sunday 17.30, now only fetch at 17.00 and

they must be back at 16.00 on a Sunday.

He can not see them in the week, if he had access to them over previous

week-end. Previously he saw them every Wednesday from after school.

He is not allowed to take/fetch them from pre-school. Previously he could do

so.

 

What can he do, who can he go and see, can he appeal against this outcome.

Obviously his ex would also have received this report.

 

Thanks

 

 

Mornay Edgar

 

DR ASIF SULEMAN [MbChB-NATAL]

REGIONAL CO-ORDINATOR

FATHERS-4-JUSTICE[KZN]

453 WINDERMERE RD,

 MORNINGSIDE

DURBAN

 

082 777 55 77

031-312 34 88 /032 944 3769

0865 165 915

 

 

INTENDED RECIPIENTS ONLY.F4J IS A REGISTERED NGO/NPO ACTIVELY PROMOTING A CHILDS BEST INTERESTS AFTER PARENTAL SEPERATION.PARENTAL ALIENATION IS CHILD ABUSE.LET OUR KIDS BE THE WINNERS AND NOT THE PRIZE

 

 

 

 

 

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