Intent to engage in Contempt of Court of a South African High Court Order

[peterkoen]

A responsible loving father seeking sound advice...

The mother of our child resides in San Diego, Claifornia. Whilst I the Father of our child resides in Durban, South Africa. I currently have a South African high court order granting me access to our son during his Christmas/Thanksgiving and Summer vacation periods, this was granted in the Mother's absence after she fled South Africa with our son. For the last three years the access arrangment has been that our son visit during his Summer vacation only, in an effort to reduce any school time that he may miss if he were to also come during Christmas/Thanksgiving.

Since their departure I have still maintained monthly maintenance payments, and also pay for all our son's air travel costs to visit me.

My ex is now and has been for the last two years, threatened me that the current access arrangement does not suit her lifestyle and that this year our son will not be travelling to South Africa during his Summer Vacation to see me. She has indicated that she will decide from now on when and for how long I will see our son, if at all.

What are my legal rights and what course of action is available to me, naturally I understand we both reside in different countries...

[MixedBag]

Well -- our first member I believe from South Africa...

wow...

not familiar with your court system at all.

My gut says ask the court to find her in contempt.

and after the first round, ask the court for custody.

Then work to get your child returned with no out of country time.

wow....can be done, but wow....

Welcome aboard!

[4honor]

While I am not familiar with international law, I have heard of "domesticating a custody order".   Have you asked about registering your order in California and asking that CA enforce?

[Davy]

I have to respectivefully disagree asking Ca. to enforce the order.

I doubt if any one is familiar with South Africa laws but the poster MAY find that there exist a relevant International Parental Kidnapping Prevention Act (PKPA) similiar to U.S. PKPA. 

As such if a parent will commit the act of abscounding with children it is highly likely that parent will NOT Comply with ANY Court order ANYWHERE just like kidnappings in America.  Normally, these parents feel they are above any law. 

IMHO, the left-behind parent should pursue the law from HOME rather than the foreign jurisdiction.  Home should provide jurisdiction over child and errant parent while Ca. has none ... and he should keep it that way.

[snowrose]

http://www.kinder-nach-hause.de/docs/safrica.pdf (http://www.kinder-nach-hause.de/docs/safrica.pdf)

I'm sorry to say that it sounds like South Africa has a very weak response to a child being removed by the custodial parent.