RIGHTS OF MOTHER OVER ILLEGITIMATE CHILD

This is a discussion on RIGHTS OF MOTHER OVER ILLEGITIMATE CHILD within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; MOTHER OF ILLEGITIMATE CHILD IN SOUTH AFRICA I am the mother of a minor child born out of wedlock, whose ...

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Old Aug 22nd, 2010, 01:47 PM   #1
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Question RIGHTS OF MOTHER OVER ILLEGITIMATE CHILD

MOTHER OF ILLEGITIMATE CHILD IN SOUTH AFRICA
I am the mother of a minor child born out of wedlock, whose care I had entrusted to the natural father as I was not in a position to care for her. The father and I never married because of his family's interference in our relationship. We had a verbal agreement that should he die whilst the child was still a minor, then the child would come back to me. The law of South Africa clearly states that the biological mother of an illegitimate child has all the right over that child. My child's father died recently, but while he was in hospital he called me and asked me to take the child. When I went to fetch her to live with me, her paternal aunt would not give me access to the child. I approached the children's court and was told that they could not help me, but the police must escort me to make certain that I get the child. The police refuse to budge without a court order. The court insists that they are right and the police insist that the court is wrong. I approached an attorney who guaranteed me that if I paid R9000, she would get the child back to me the very same day. Once the money was paid, the attorney and advocate gave me a scenario I did not like. It appears to me that I am paying an attorney and advocate who are misrepresenting me. I needed them to bring an action against the party who is violating my rights, but they put a scenario forward, which seems to me to make me out to be after the child because of the father's assets and not because she is my child and I love her. Also, I feel that I am paying to give the other party rights to my child that they do not possess. The attorney and advocate tell me that this is because the child has lived with the father for a long time. While understanding what they are getting at, I still feel that they are misrepresenting me. I tried to bring a charge of kidnapping and violation of my rights against the other party with the SAP, but they refuse to do anything. They say they cannot do anything because the woman is the child's aunt. I have spoken to the Regional Manager of Justice, the commander of the main police station, the supervisor at the children's court, the captain of the police station in the area where the child resides and an E-TV reporter. The reporter, the manager of regional justice, and the children's court supervisor all tell me that the police has a duty to help me attain my rights, but everyone I spoke to at SAPS tell me that I need a court order. I have hit a brick wall between the children's court and the police. I have approached the South African president's hotline and they told me that I have all rights over the child and that the police MUST help me, but they are investigating the matter and I must wait. Everyone is telling me what I must do and not do, but no-one is giving me the law in black and white, so I cannot solve my problem as no-one wants to help me. That is the reason I am writing to you. I would appreciate it if you could explain to me what I can do to solve this problem. I wanted to bring an action against the police in court, but the attorney tells me that i cannot do that. Can you please help me by explaining what I can do to get my child back.
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Old Aug 23rd, 2010, 09:37 AM   #2
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Default Re: RIGHTS OF MOTHER OVER ILLEGITIMATE CHILD

I wish to inform you that the child custody matters in case of an illegitimate child, the child custody belongs to mother and mother is regarded as legal guardian of the child. In case of child custody the court considers best interest of child as main consideration. In this regard, you may contest the matter that child should be given to you as you are legal guardian and because of the fact that love and care which a child can have from her mother. You may therefore have child custody by your right and get it enforced from court. The Family Advocate is a important officer in the High Court in South Africa. The Family Advocate deals with child custody matters.

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Old Aug 23rd, 2010, 11:50 AM   #3
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Default Re: RIGHTS OF MOTHER OVER ILLEGITIMATE CHILD

It's really a shame Affa doesn't actually read posts before responding. It's also a shame that this site is so loosely monitored that it allows such an irresponsible person to continue to post answers that are not even within the realm of accurate. This Affa person could be getting people into serious trouble with the law. That is irresponsible on the forum's part.
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Old Oct 29th, 2010, 01:00 PM   #4
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Default Re: RIGHTS OF MOTHER OVER ILLEGITIMATE CHILD

Pray, please tell me what IS accurate! because I have tried everything to get my child back and no-one wants to help me. As things stand, the aunt has no legal rights or custody of the child, I am the only one. Do you know what I can do to solve the problem?
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Old Oct 29th, 2010, 01:15 PM   #5
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Default Re: RIGHTS OF MOTHER OVER ILLEGITIMATE CHILD

What reason did the court give for not helping you? You had an agreement and under your country's laws, the mother is the sole legal custodian, so I don't understand why your court is not upholding its own laws.

File an emergency custody petition with the court. Also, you might bring suit against the aunt for unlawfully kidnapping your child. The aunt has absolutely no legal right to keep your child.
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Old Oct 31st, 2010, 03:53 PM   #6
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Unhappy Re: RIGHTS OF MOTHER OVER ILLEGITIMATE CHILD

Thanks for the reply. I have tried everything that I can think of, but even the attorney tells me that I will not win custody due to the new children's act of my country. I tried the kidnapping thing, but the police refuse to open a charge. I really don't know what to do and filing an emergency custody suit is not easy because it is very expensive and can't be done without an attorney. Here, we are unable to approach the high court directly, but via an attorney who has to do so via an advocate. But thanks for your advice.
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