FW: Family Law
Marius Janse van Rensburg
From: Fathers-4-Justice South Africa
[mailto:f...@mcentre.f4j.co.za]
Sent: 11 March 2008 09:01 AM
To: mjv...@gmail.com
Subject: Family Law
Fathers-4-Justice South Africa
(Non-Profit Voluntary Association Est. 2004)
P O Box 66203 Highveld Pretoria South Africa 0169
Fax: 0866420347
Website: www.fathers-4-justice.co.za or www.f4j.co.za
11 March 2008
Please note the "unsubscribe"
link at the bottom if you wish to deregister.
F4J IN ACTION!
1. Another success story in KZN! Even though
the father proved to be the primary attachment figure for the child, the family
advocate nevertheless "stripped" him of the parental rights &
responsibilities he automatically enjoys in terms of the Children's Act.
The reason - the conflict between the parents would be detrimental to the child
should they be forced to act as co-holders. Well, well,
well... Since conflict is inevitable between 2 divorcing adults (otherwise
they would be making love on the carpet in stead of war in the courts), that
means according to the family advocate, no father will ever enjoy any parental
rights.
Of course the father bravely challenged this in court. The
outcome - the family advocate plus the family counselor plus the psychologists
reports were rubbished by the judge and the father awarded full parental rights
& responsibilities in terms of our dearly beloved Children's Act.
He-he! Would have loved to be a fly on the wall (and in the
ointment)!
The family advocate thanks us now for pointing out the provisions of
the new Act. What a joke!
Onwards we march!
2. Will all our Western Cape supporters please
contact Dr Mike O'Callaghan to get your names on his mailing list in order to
kick off the reular support meetings in the area. m...@agileprojects.co.za
3. All those of you who have not made any donations
for 2008, please do so urgently. Our coffers are empty and our personal
wallets too. One day your child will ask you what have you done in the
war on fathers.
4. For those of you who despair in the face of
the difficulties you presently are forced to endure in simply
trying to ensure a proper relationship with your child(ren), see the poem below
written almost 200 years ago by a father who, like us, were alienated
from his children. The allegations against him were atheism and
immorality!
" I curse
thee (the lord chancellor) by a parent's outraged love,
By hopes long cherished and too lately lost,
By gentle feelings thou couldst never prove,
By griefs which thy stern nature never crossed...
By all the happy see in children's growth
That undeveloped flower of budding years
Sweetness and sadness interwoven both,
Source of the sweetest hopes and saddest fears...
O wretched ye if ever any were,
Sadder than orphans, yet not fatherless!"
Percy Bysshe Shelley, 1817
CONTACT US: F4J-SA
REGIONAL COORDINATORS:
F4J-PRETORIA: Dr Steven Pretorius ste...@f4j.co.za.
F4J-GAUTENG SOUTH: Stuart McDonald stu...@polka.co.za.
F4J-GAUTENG EAST RAND: Mornay Edgar mor...@ecolab.co.za
F4J-WESTERN CAPE: Dr Mike O'Callaghan m...@agileprojects.co.za
F4J-KWAZULU NATAL: Dr Asif Suleman as...@medis.co.za.
F4J-EASTERN CAPE: Marius Janse van Rensburg f4je...@gmail.com
NB: Fathers who have internet and ADSL facilities and who wish to act as
Regional Coordinators for other areas, kindly contact our National Office in
Pretoria. But we need committment beyond your personal case and a wish to
make a change to family law.
F4J CHAT FACILITY: http://blogspace.mweb.co.za/Users/info
All members, supporters and parents are welcome to make use of the above chat
facility, where opinions, questions and relevent information can be freely
exchanged. We simply ask that all observe acceptable internet
protocol. Simply click on the hyperlink marked in blue and visit the
facility today. Send the address to as many friends as possible.
MAINTENANCE ISSUES:
For those of you who are continuously dragged to the maintenance court, did you
know that the Act makes provision for the state to cover your costs of
travelling & accommodation? Yip, you could even fly SAA and stay in a
hotel at their expense!
Know your rights!
Duration of duty to support
children
A parent’s duty to support a child does not cease when the child reaches a
particular age but it usually does so when the child becomes self-supporting.
Majority is not the determining factor here. Section 6 of the Divorce Act,
which is concerned with safeguarding the interests of children when their
parents divorce, refers to “provisions made or contemplated with regard to the
welfare of any minor or dependent child of the marriage” and provides
that a court granting a decree of divorce may make any order which it may deem
fit in respect of the maintenance of a dependent child of the marriage,
in contrast with the reference to the custody or guardianship of or access to a
minor child (emphasis supplied). The fact that a child is working does
not mean that he or she is necessarily self-supporting. Continued but reduced
support by parents may be necessary in accordance with the family’s standard of
living. The duty of support likewise revives if a child ceases to be
self-supporting for reasons such as ill-health or disability. A major is not
usually supported on as lavish a scale as a minor. In B v B it was
stated that although the duty of support persists into the child’s majority,
its nature changes and it is then confined to necessaries, “in other words, the
child must be in indigent circumstances in the sense that he or she is in need
of a contribution towards his or her maintenance.”
When one marries, the duty of support rests primarily on one’s spouse; only if
one’s spouse cannot give support can one’s parents be called upon to do so. If
parents do support a married child they have a right of recovery against the
spouse.
Can a child’s conduct relieve a parent of the duty to support? Voet states that
the duty ceases when the person to be maintained is guilty of ingratitude of a
degree which would justify disinheritance.
Source: Handbook of the South African Law of Maintenance by Lesbury van Zyl
EXPERTS:
We wish to update our database of preferred experts (attorneys, advocates,
psychologists, social workers, etc.). If you have faith in any of
these experts in your area, kindly forward us his / her contact details for
inclusion.
NEW CHILDREN’S ACT of
2005
After more than a decade in the making, certain sections of the new Children’s Act have finally been implemented as from 1st July 2007.
These sections are the ones F4J has been campaigning for, and we are pleased to be able to say that finally mom and dad (even unmarried dads!) are now for the first time on a more equal footing in Family Law.
In essence, the new Act does away with “custody” in favour of “parental rights & responsibilities”, of which both biological parents are co-holders. Unmarried fathers simply have to show the court their involvement in the child’s life, and they too will be conferred those rights.
A further requirement is that all parents in conflict must first try and negotiate a Parental Rights & Responsibilities Agreement with the help of a mediator. Should they fail, the High Court will impose its decision on them.
Be sure to get your copy of the new Act, as well as a pro forma Parental Rights & Responsibilities Agreement from F4J. Simply make a R500 donation to our cause. It spells out your rights and will ensure you are not hoodwinked into accepting anything less.
So what must fathers do?
Furnish the mother with a draft Agreement for negotiation, reach agreement, both parties sign it, get the Family Advocate to endorse it, and have it made an Order of the Court. No silly arguments, no unneccessary lawyers, no crippling expenses, and everyone is a winner.
If the mother refuses, report the case to the Family Advocate’s office in the prescribed manner, and lodge a High Court application and ask the Court to order the Agreement, and ask for a cost order against the mother. Include a forensic psychologist report and relevant affidavits / evidence.
Do not let the lawyers waste money on fruitless argumentative letters. Go straight to court and as soon as possible!
Know your rights! You enjoy equal protection under the law. Know the remedies to criminal actions like blackmail, extortion, trespassing, intimidation, perjury, crimen injuria, contempt of court, etc.
Do not attempt going through a divorce on your own. Join F4J and other support groups in your area. If there aren’t any, start one.
As promised, we will not stop until our work is done…justice is coming!
WE HAVE WON THE
FIRST ROUND OF THE BATTLE…AND WE WILL WIN THE REST OF THE WAR!
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YOU CAN SET ASIDE A DVI IF IT WAS FALSELY APPLIED FOR AND YOU HAVE PROOF. THE MAGISTRATES COURT HAS SPECIAL APPLICATION FORMS FOR THIS AND THE CLERK OF THE FAMILY COURT WILL HELP YOU SET ASIDE OR VARY AN ORDER BY GUIDING YOU THROUGH THIS PROCEDURE. YOU DON'T NEED A LAWYER FOR THIS. JUST MAKE SURE YOU ARE SPEAKING THE TRUTH AND HAVE EVIDENCE TO BACK UP YOUR CLAIM.
START SETTING ASIDE FALSE DVI's! HAVING COMPLETED THE APPLICATION FORM, ATTACH A COPY OF THE PROTECTION ORDER. ATTACH AFFIDAVITS. 3 BUNDLES REQUIRED 1ST LODGE IN MAGISTRATE COURT AND HAVE ALL 3 STAMPED AND OBTAIN A DATE FOR SETTING ASIDE. SERVE ON EX 1 COPY OR HER ATTORNEY. 1 COPY FOR YOURSELF
MEET IN COURT ON DETERMINED DAY. BE WELL PREPARED. STOP THE ABUSE OF THE DOMESTIC VIOLENCE ACT BY VINDICTIVE MOTHERS!
NB: YOU ARE LIKEWISE ENTITLED TO THE EXACT SAME PROTECTION UNDER THIS ACT. IF YOU ARE THREATENED, OBTAIN AN INTERDICT AGAINST HER OR HER DEPUTIES. |
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FUNDING:
IMPORTANT: ALL DONATIONS ARE FULLY TAX-DEDUCTIBLE!
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PLEASE JOIN US AND HELP US CONTINUE OUR FIGHT FOR OUR CHILDREN. We offer the following to our supporters: A carefully managed,
pro-active campaign of activism, both locally and internationally, in
cooperation with international partner organizations, to promote the cause of
improved contact (“access”) with children and to create awareness; Expert advice on legal procedures to empower members to promote their own cases or better understand the legal advice offered to them by legal practitioners; Access to a referral database of practitioners, including legal professionals, social workers, psychologists and other critical role players – including advice on whom to avoid and how and where to lodge complaints;
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HOW TO BECOME A SUPPORTER |
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ELECTRONIC TRANSFERS Acc Name: Fathers-4-Justice South Africa Bank: Investec Private Bank Branch Code: 580105 (add “00” for a transfer from Standard Bank) Branch Name: 100 Grayston Drive, Sandton Account type: Current Account Number: 10010835312 Please fax a copy of the bank transfer to 0866420347. Please include your e-mail details. |
IMPORTANT: ALL DONATIONS ARE FULLY TAX-DEDUCTIBLE IN YOUR HANDS. SIMPLY ATTACH THE STATEMENT TO YOUR TAX RETURN.
Public Benefit Organization Reg. No. 930017705
OFFICIAL F4J SILICONE BRACELETS:
Now available
@ R50 donation each
Order 2 and receive 1 free
Order 10 and receive 10 free
Fax proof of payment to 0866420347 with your delivery address.
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