How to find a divorce lawyer in Cape Town, South Africa

Divorce when your spouse is overseas

How do I participate in my child’s life when he stays overseas with my ex? In a divorce case in which I was recently involved, a couple who were originally from Cape Town have for the last 3 years been residing in Taiwan. The man now has now received a job opportunity to move to England.

A difficulty in this case is that there are 2 minor children involved, both boys. Both parties want full care over the children which is leading to a delay in the matter. The end result, due to the young age of the boys, may well be that the wife ends up with the primary residence of the boys being awarded to her, and co-guardianship given to both parties.

It would be essential in a situation like this for the man to speak regularly to his sons over the phone. Fax and web based communication and email contact would also be important. The man should ensure that he has telephonic and internet access at all reasonable hours.

The following steps should also be taken and agreed on between you and your ex:

Obviously, the arrangement between he parents may change from time to time. To ensure that the best interest of the child is the paramount concern in all matters affecting the child, the parties will remain entirely flexible regarding parental responsibilities and rights and care of the child and contact with such child.

Related articles

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When foreigners divorce in South Africa

This was written by South African divorce specialist, Peter M Baker


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