Childrens rights to safety
My youngest daughters father arrived at my flat intoxicated with a homeless man in tow. He had invited the homeless man to spend the night. When I told him that there was no way the man was going to spend the night in my flat and that he must send him away as he is putting myself and my two daughters in danger, he pretended to take the man elsewhere and then snuck him back onto the property to sleep in the corridor. The reason my childs father was there was because she had Honors day at school and he was invited to attend. He stays in Pretoria and we stay in Boksburg. He did not ask permission to spend the night at my flat, but for the sake of peace, I did allow it even though he was intoxicated. My question is – I want to stop him from visiting my daughter as he is always intoxicated when he comes to see her. This last stunt was the last straw and has caused my children to be very upset. Both my daughters are in the middle of exams and they really don’t need this kind of upset going on. Years ago, when my daughter was 2, there was a court order that stated he may only see her at my flat with me supervising. She is now 10 so I don’t think the court order is valid anymore. She does not want to see her father and to top it all off – he does not pay any maintenance towards her upbringing.
Is there anyway I can put a stop to his visiting her?
What you are seeking is the exclusive guardianship of your daughter. In terms of the Children’ Act, only the court can make such a ruling taking into account relevant factors. You have to approach the Children’s court (also referred to as family court) in the area where you reside with your child and apply. On the issue of maintenance, nothing in law avail him of the liability. If there is an existing maintenance order in place, and he is not paying, then approach the police station. It is a crime to flout maintenance order granted by the court of law.
If the court in its order several years ago concerning supervised visit did not put a time period when it will fall away, then the order is as valid as it were when your daughter was 2. Remember, even at 10, she is still a minor.