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Good day.

I have a friend that is currently married but her husband is living in Cape Town with the child and she is living in Johannesburg. they have been living separately for the past year.

Her husband is in Johannesburg for the holidays and he is leaving this weekend. she does not know how to keep her son here legally as she has told me that he spanks there son about 4 times a day but he does not hit out of anger. she wants to know what is her rights as a mother to keep her son her in Johannesburg. They were getting a divorce but they retracted it due to circumstances, but the court gave him legal guardianship over the child when they were busy with the divorce.

So as I asked, whet is her legal rights now that they are not divorced and her son is now here, can she tell her husband that there son is going to stay with her?

Warm regards
Andre van Wyk

Category:  Family Law, Custody and Guardianship

Region: South Africa, Gauteng