Do I have rights to get out of abusive relationship
I’m not married, have 2 children 15 and 17 with my partner. We need to get out as soon as possible. I have no money, no job and he never allowed me to work. He threatens to leave me with nothing and he threatens the kids. Do I have any rights as a mother?
Category: Family Law, Domestic Violence
Region: South Africa, Gauteng
1 Answer
Absolutely yes, as the mother of your children and also because the children will be under your custody when you leave the household (“we need to get out as soon as possible“). You can, in terms of the Maintenance Act 99 of 1998, institute claim for maintenance from their biological father. Regrettably, you cannot claim maintenance for yourself because the law as it currently stands, do not extend protection to parties in a co-habitation as it does to marriage.
What you may do, I mean in the event you are no longer in the common household, is to approach the Maintenance courts, also called family courts. The law in these courts are fairly straightforward and the services are free of charge. The clerk of the court will be helpful in terms of the process, including the necessary documents needed to be lodged.