Protection order and my right to move provinces
Good day. I have a protection order against my sons father. However I did allow him to see our son as often as he liked and he paid maintenance in cash most months. The man is violent, I am not the only one to have a protection order against him, he is on drugs and emotionally and physically abusive. However not to our son. I have recently moved to a new province, he knows I am here but he does not know I do no intention to return. I have a job here, after having resigned from my previous employer for personal reasons. I believe he has found a lawyer and is seeking us out. My gut instinct is to tell him I am now employed and won’t be returning, however I just need legal advice on where my rights stand. His maintenance and contact with our son has not always been constant but he has made an effort for the past year or so. Many thanks.
“My gut instinct is to tell him I am now employed and won’t be returning, however I just need legal advice on where my rights stand” It is not clear enough the aspect you want to be advised.
Amended by author 13th November 2017, 19:07
When a child’s parents are not married, like in your case, the father still has automatic parental rights and responsibilities if he cares for the child, maintain contact with the child and contribute towards his maintenance. So these rights and responsibilities are automatic (non-negotiable) unless a court rules otherwise. Your relocation is hugely motivated by work and not disclosing same to him especially its permanency might be misconstrued as denying him contact with his child. It is commonly said that children must be seen not heard. But importantly, if the protection order is extended to your child as well, then you are not obliged to disclose. Maintenance order: non payment as at when due in terms of a court order is a crime. If you feel strongly he is intentionally skipping payment, you can go back to court. Court can order direct debiting of his bank account. Protection order: you did the right thing to have it in place because shoul he violates it, he automatically commit a crime and exposes himself to arrest, prosecution and possible imprisonment.