I’ll keep it short and to the point.
Lived in Cape Town with my ex-wife and when we got divorved I moved back in with my parents (Plettenebrg Bay) as could not afford to live by myself and pay my part for the children (she kept both businesses, so I had to start from scratch).At the time I was looking for work and the plan was to move back to Cape Town as soon as possible. Our divorce was in May 2017 and that September she moved to Upington in the Northern Cape.
Now the first part of my question is:As per our PARENTING PLAN below.
Question 1).In the beginning of September 2017 she just told me that she and the kids are moving to Upoington at the end of the month.Now as per the points below is this legal?
3. The parties shall give due consideration to the views of the other parent when making decisions that may impact on the parent’s exercise of parental responsibilities and rights. It is recorded that they will similarly give due regard to the views of the minor children. In respect of the following issues, joint decisions will be required:
3.1.5 Any decision that will affect the minor children’s contact with either parent;
3.1.6 Any decision which is likely significantly to change or to have an adverse effect on the minor children’s living coditions, education, health, personal relations with a parent or family member, or generally the minor children’s well-being;
3.1.7 The minor children’s relocation from the Western Cape province;
The follow up to the above question is this:
A). After she moved to Upington she said that she would meet me half way or I can deduct R1000 from my payment to help with the petrol costs. Now that lasted for one or two trips and then it wasn’t ok anymore and she didn’t want to meet me half way either (which is 3 Sisters – on the border of Northern and Western Cape from Plettenberg Bay).
B). Now we just came out of a court case where I have to pay more (which isn’t really the problem as I did reply to her laywer in a proposal that it would be ok, but all I ask is that she brings the children half way as per our orginal verbal agreement). Now the day of the courts decision I could not be there as I could not afford two trips back to back to Upington (as all the trips before that was just prosponed and I could never present anything to the court) and asked the court to move the date closer to the school holidays when I do come down.
Question 2). Now my question is this, if the above (question 1) is illigal, can I go to court. Don’t want her to move back to the Western Cape or anything, but would like her to travel half way so that I can see my children more.
Now as per the courts ruling as per point three below. I don’t know what they gave too the court that this decision was made.Court – 3). The children will stay on the Respondent/Defendent’s medial aid, as per already indicated in the previous Settlement proposal and if there are any co-payments, it will be devided 50/50 between the Respondent/Defendant and the Plaintiff/Applicant.
But in our original CONSENT PAPER as per point 3.4 below, the children would stay on her medical plan.Just over a year ago, I found out that she cancelled her and the childrens medical plan and that the children wasn’t on any medical plan, so I added them to mine even though I could not actually afford it (my parents help with some of my expenses at the time).
Now as you can see above by the courts ruling, it seems that they either miss informed the court about this information.
Question 3). Can this be brought to the courts attention to help show the court that with her moving to Upington my travelling expenses is so high that I only see my children school holidays?
Question 4). Last question. I can now only whatsapp call and video call my children during the week (where I was suppose to see them every second weekend, I only get phone calls). My ex doesn’t want to agree to times that we can stick by to and when shes not happy about something, she would blatantly refuse that I call or just block me.
How do I go about this?
Thank you in advance.