How to obtain share Custody with my ex wife
Hi
My name is Samuel and I heard about your services on radio yesterday and I would like for advise.
I have a daughter with my ex wife and she leaves in Cape town and I’m now in Johannesburg we are now separated but now my ex wife doesn’t want me to have any form of contact with my daughter including me taking her for the weekends or during holidays and I want to know how can I go about getting access to my daughter par time or permanently.
Please can you assist me with advise
Kind Regards
Samuel Ngwenya
Category: Family Law, Custody and Guardianship
Region: South Africa, Gauteng
1 Answer
Hi Samuel. I am not sure if you are formally divorced or just separated. Courts will always rule in the best interest of the child, and the law favors the involvement of both parents in the upbringing of the child. If you were formally divorced the court would have made an order with respect to custody of the child, access rights, property, and maintenance issues. And if your wife refuses she would be guilty of contempt of court. If not formally divorced it is still your right to have access to your child. Pending a formal divorce, if that has not been done, I will suggest that you contact a Family Advocate to intervene and mediate the issue. It’s a free government service. She can be found on the 17th floor, Schreiners Chambers. 94 Pritchard Street, Johannesburg CBD. Alternatively if you have the funds you can get a lawyer to assist you bring an application to court for access rights.