FW: ATTENTION ALL DURBAN FAMILY ADVOCATES OFFICE : CASE NUMBER 8990/2003: REFLECTIVE OF FAMILY LAW ADVERSARIAL LITIGATION BEING REWARDED

[Marius Janse van Rensburg]

A letter from a dad – Please read:     Dear Honourable Minister BS Mabandla   I have resorted to appealing to you on bended knee to please intervene in any way possible in my divorce matter.   The divorce centers around the mother of my daughter determined to secure sole custody and sole gaurdianship of our daughter born on 09/05/2003. A month after she was born (unplanned) we seperated (there were no affairs or abuse, just that we married because of the pregnancy and thought we could make it work).   I asked for nothing and threw the custody, gaurdianship, access and visitation at the mercy of the Family Advocates Offices.   The FA offices made their recommendations of normal custody to her, joint gaurdianship and then fair but stipulated access and rights.   My ex-wife has totally rejected this advice and has resorted to unfair practices, spurred on by her attorney, Ms. Estelle De Wet of Shepston & Wylie.   From the period 2003 up until an eventual high court date in 2005, i had my rights severly infringed by her and her attorney, i was denied access to my daufghter and had to resort to an urgent interdeict which took four months to come to a head. Thereafter during the process of the Family Advocates Hearing (which took a year because at every meeting with them my ex-wife would raise new allegations against me until finally the two appointed professionals saw the light).    I MUST MENTION I AM NOT ASKING FOR ANY MONEY OR SHARE IN ASSETS, JUST A FAIR DEAL WITH REGARDS TO MY DAUGHTER!   At the commencement of the trail and throughout the three days of trial in the High Court before Judge Patel, numerous witnesses were presented and professional Pyscologists. During the trial, which is on record, the witnesses were found to have witheld information from the court as well as her attorney had been found to have coached a witness to make statements that were not true. We ran out of trial time and the matter was adjourned.   The only available court date was 15-17/11/2006, which was when Judge Patel was available again.   Exactly one week before the trial was to resume, my ex-wife's attorney, Estelle De Wet, introduced a new heinous tactic as all else had failed. This attorney now got her client to make allegations through various organs that i had now interfered with my daughter.   Both Counsel appeared before Judge Patel who warned her Advocate (Barry Skinner) that this was the actions of a poisned wife and that he was putting on record that these allegations are normally false and that we would have to appear before him again. He also warned them that if they tried to interfere with my rights in any way he would hear an urgent application before normal hours to assist in this matter.   The trial was remanded and the only next available court date is in February 2009.   The allegations were investigated by independant professionals and it was clear from the report that there was no truth to it and that it was merely the mothers views.   During this time i was not allowed to see my daughter except under supervision and only for an hour.   My daughter was 1 month old when this process started, she is now turning five and by the end of the trial, if it ever happens she will be six.   Her mother is guilty of Parental Allienation Syndrome as well as displays a host of other disorders that are practised to remove the father from the daughter.   In an effort to continually run up fees they have now summoned me in a Rule 43 demanding more money, even though i pay R2100.00 every month, all medical costs and pay towards any other costs that are incurred.   I have recently been retrenched as a project i was working on was shut down now due to the sub prime collapse in the US. I am hoping for a position in the next month.   I have been so severly affected as has my daughter by the conduct and actions of a poisened ex-wife, an attorney who knows that the justice system is failing parents in divorces, who is motivated by achieving certain financial results for her large firm, causing her to prostitute the law and not fight for the highest good of the child.   My daughter has been subjected to numerous therapists by her mother, medical practitioners and various other bodies, when will the abuse of this little girl stop.   Where is the law and the constituition now, it is not supporting me in the slightest.   Having read through the BILL OF RIGHTS   section 28 Children (2) A child's best interests are of paramount importance in every matter concerning the child.   33 Just administrative action (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. (3) National legislation must be enacted to give effect to these rights, and must- (a) provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; (b) impose a duty on the state to give effect to the rights in subsections (1) and (2); and (c) promote an efficient administration. 34 Access to courts Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.   Dear Honourable Minister, i am not asking for money, i am not asking for you to re-write the law of the country, i am not trying to make some statement on behalf of any organisation, i am just one of the citizens of this beautiful country, with an incredible constituition, for my time in a constituited court of law to allow the UPPER MOST GAURDIAN OF MY BEAUTIFUL DAUGHTER, to be allowed urgently to hear the remainder of my case and to allow your highly capable and competent Judges to make their sound recommendations. I will respect their decision no matter what.   From the begining of this matter i and my attorney took the view to conduct ourselves openly and with dignity and respect for the process of the law. However, we find our case, a case that is supposed to protect the rights of the child, not being given a chance to get before her upper gaurdian because the Judges diary is insanely full, to the point that we never get to finish a matter in which a child who through her formative years has been alienated from her father and where is the court and the constituion now. It has failed this child and me and continues to do so as every day passes by.   I beg and humbly ask, please is there no way that this Judge could be freed and instructed or paid over time or any combinations of ideas, to get to urgently hear the remainder of this trial before February 2009, this attorney Estelle De Wet is a smart lady who knows just how to skirt the essence of fairness, morality and what is in the childs best interest all in the name of winning and money. How can an area of the law and the constituion be so blind as to allow her to carry on with impunity and ultimately assist the court in failing a child, the very child that this court is supposed to protect and be the upper gaurdian of.   Please Honourable Minister, i am but only one person, but i am a loving, caring, doting, concerned father, who cries many tears over the inability of the law and myself to help and save my daughter.   Please would you assist, please assist in renewing my faith in the justcie in this country and your administration.   Many thanks   NEAL FOURIE - FATHER OF JENNA-LEIGH BORN 09/05/2003

 

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