My brother islamically divorced his wife 3 days ago and will apply for a normal divorce. He has 3 kids aged 10,9,6. His wife has breast cancer but has been cancer free for the last 2 years after her successful op. Since last year November she has been injecting herself with Pethidine which cannot be issue without a script and cannot be taken constantly. She has become addicted to it and has been abusing it lately negelcting her children and husband. She was taken to hospital twice due to the side effects making her ill. The kids have witnessed this as well. She is also addicted to very strong medication taking them daily. What do we do as of now? Can the children stay with their father for now as they cannot be left in her care and he wants to file for sole custody of the children. He has a few videos showing the state of the mother when she takes the high mediciation and injections. Please advise thanks
Islamic marriages are currently unrecognised. Bringing divorce application to court under its guise may be met with difficulty. Be it as it may, Section 24 of the Children’s Act 38 of 2005 deals with the assignment of guardianship of children. Your brother has to approach the High Court in the area where he resides and apply for the exclusive guardianship of his children. Of course he must give the court compelling reasonables why he wants exclusive guardianship.
My opinion on the health situation of the mother of the children is that she needs help.