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February 6, 2012, 11:55 am
 
 
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Dr P's hell with family law!

I met my wife at Stellenbosch Faculty of Medicine in 1992.  We were both to become successful medical doctors and were on track to reach for the stars...and they were within our grasp.

But it was not to be... 

We were unable to become soul mates and made many mistakes.  Life is full of demands and hardships, and the only way to cope with it all, is to have a loving supportive and understanding relationship with your spouse.  We sadly failed at the most important task of our lives.

Mimi was born on 25 April 2002…the most beautiful, gorgeous, little angel any parent can ever hope for.  She certainly changed my life forever!  For the first time, I experienced complete and utter, unconditional love, and the true meaning of life dawned upon me.  I was in heaven...God has finally decided to bless me with happiness.

But the storm clouds gathered ominously… 

My wife and I were drifting further and further apart.  Towards the end of 2003, I was completely emotionally burnt out.  I could not cope with medical practice or daily life anymore.  I went for burnout counselling, which soon turned into marriage counselling.  In spite of our best efforts, we could not make meaningful progress, and I asked for a trial separation.  

The REAL nightmare was about to start...

Not only did my wife move out of the house, but she relocated to another province with our daughter.  The pain was excrutiating!  

The next thing a pack of lawyers hounded me.  There was the smell of money.  Threats of financial ruin followed.  

A forensic psychologist (Leigh Pettigrew) appointed by the mother’s legal team recommended that Mimi spend either 4 out of 7 days with me, alternatively every weekend due to the distance between us.

For the first few months I flew from Cape Town weekly on a Friday morning, hired a car, stayed in a guesthouse, spent the weekend with our daughter, and flew back from Pretoria on Sunday evening.

But my contact weekends were cancelled one after the other.

I was powerless against the onslaught of family law and blood-thirsty lawyers.  The police couldn’t help me, the Child Protection Unit turned me away, the Office of the Family Advocate turned me away, and the lawyers were greedily attacking.

By May 2004, my access was only 3 hours per week!!!  And for that I had to fly from Cape Town to Pretoria. 

So I gave up my home, practice, family, friends and relocated as well.  I was determined to maintain the bond with our daughter, even it meant sacrificing my life. 

On my arrival, it was my 40th birthday month, and our daughter was kept away from me for the entire month.  I died a slow painful death!

The lawyers threatened me, her father threatened me, her brother threatened me, and her friends and family ignored my pleas of desperation. 

And her family is wealthy, so the lawyers are hounding...and the justice system sees insisting fathers as vexatious.

I pushed my attorney in Cape Town (Caroline Dichmont of Buchanan Boyes) to get a court order.  She told me not to expect her to hold my hand during my ordeal due to my own bad decisions!  It took them 8 months to get a simple Rule 43, which should have taken at most 2 months.  The senior advocate became unavailable days before the court case and a junior was appointed.  She did not even know whether I lived in Cape Town or Pretoria.  Consequently the judge ruled the usual alternate weekend access on the incorrect assumption that I lived in another province.

I fired the lot!

Fathers-4-Justice South Africa was born.

I appointed the famous Louis Shapiro and was told at my 1st visit to leave R30 000.00 at the reception.  I was prepared to leave R3m at the reception if he could take away the pain of losing my daughter. 

Unbeknown to me he was terminally ill.  My file was passed between all the junior attorneys and no-one had a comprehensive view of my case.  Adv Mark Haskins was just as unhelpful.  He also became unavailable days before a Rule 43(6) application and I was forced to consult another senior advocate.  She told me to withdraw the application, at huge costs, due its obvious technical shortcomings.  I read in the newspaper about Shapiro’s death.  Nearly 18 months was wasted, many thousands of rands on numerous flawed High Court applications.  On top of it all, I found out they did not even know my daughter’s name.

So I fired the lot as well! 

This time I also lodged a complaint of unprofessional conduct with the Law Society against the Shapiro’s and was refunded every last penny I paid them.  They came off lightly.

There were a few other useless lawyers I used.  All of them were more concerned about making up their accounts than with my daughter’s wellbeing.  I got sick and tired of accounts for “attend to standing up” and “attend to sitting down”!  In one boardroom there was a message scribbled on the chalkboard “custody=$$$$”.  Sickening!

I eventually started doing my own legal work.  Although I made costly mistakes along the way, at least they were my mistakes and I was prepared to pay for them.  And the satisfaction of standing in a High Court and telling a judge that these experts are liars to their face, made it all the more worthwhile.

Many more rotten apples followed.

Psychologist Christa du Toit did a full custody evaluation without as much as informing me about it.  I got her scrapped from the role at the medical council.

Psychologist Henk Swanepoel nodded his head in agreement and was amazed at the unfolding of my case and then stuck a dagger in my back.  I believe several complaints are being dealt with by the medical council against him.

Eddy Wandrag of Haasbroek & Boezaart, my ex’s attorneys, which gave me all hell on earth and inflicted untold hardship on our daughter, turned out to be nothing more than a clerk playing legal war games.  He escaped narrowly from the Law Society on technicalities, but ill health will eventually inflict his pain at the mercy of my profession.

Probably most devastation was inflicted by the Office of the Family Advocate

It took them 3 months just to acknowledge receipt of the Annexure B.  We had ONE interview over the period of nearly 2 years with Adv Salome Langeveld.  She clearly did not study any of the documents I handed her.  I told her I would like to see my daughter every day, even just for a quick ice-cream in the park.  She told me I should know that children should not eat ice-cream every day!  I asked for us to be referred for mediation, she told me she does not believe in mediation in high-conflict cases!  I pleaded, I begged, I threatened, I cried, I prayed, and pleaded some more.  After nearly 18 months of agony, I eventually got a High Court order against her to finalize her report as a matter of urgency.  It took her a further 3 months!  And of course, no surprise, it was another dagger in my back!  In stead of normalising my access, she kept it to the minimum and punished me with 3 months parental guidance to develop insight into my actions with not-so-subtle reference to F4J actions.

Nearly 3 years passed since our separation and my daughter was 5 years old already.  And still not a single sleepover or a single short holiday with my family.  At times she called me “oom” or even the mother’s friends’ names.  The pain was indescribeable!

I was referred to yet another Psychologist Elmarie Visser for the parental guidance.  Needless to say, I trusted her as little as the rest of family law.  To my astonishment, she actually proved to be only interested in our daughter’s best interest.  There was no taking sides but just extremely professional and effective intervention in what has turned into a nightmare.  My contact was normalised and extended to include sleepovers and holidays.  My prayers were answered. 

I was happy, our daughter was happy, the family advocate was happy, my ex was happy, her lawyer was happy, and the divorce was finalised 2 days before the trial was about to begin.

(Makes you wonder about the saying that most divorces are settled on the steps of the court after the lawyers have milked everyone for the most up until the very last minute…)

Psychologist Elmarie Visser has been appointed by the courts to act as ongoing mediator and has been doing an outstanding job keeping the peace in Mimi’s life.  Thank God for her!

Since then all has been relatively quiet, barring a few minor issues.  My daughter is growing up with a hop-skip-and-jump in her step, she moves between the 2 homes seamlessly, my ex has remarried, and I treasure my bachelorship.  My medical career is still pretty much in shatters, so is my trust in mankind.  I am often plagued by left-over feelings of anxiety and depression following what have been the most traumatic experience of my life.  Life can never be the same for me…

Do I have any regrets?  Yes.  I regret not having worked harder to save my marriage.  I regret the strain this ordeal has placed on supportive family and friends.  I regret that the mother and I still cannot communicate even after 6 years.  I regret still being mostly excluded from our daughter's activities.  I regret that this will continue until the day I die.         

And most of all, I regret the pain it has caused our daughter and the negative impact it may have on her future wellbeing.  For that I will probably never be able to forgive myself.    

But if my experience can change the ordeal for the better for 1 single child, my pain would be just a little less.

May God guide us all.

       

      

 





Comments
Add Your Comment 
Sid
2010-02-01 15:03:47  
Hi dr P. man, and here I thought I was going through hassles!! I am sorry to hear of ur trials and cannot really rejoice in your victories when I sense the pain cost at which you won them. I am going through the same and your story has just given me some much needed strength to continue my battle, for that i thank you!! Please let me know if i can correspond via email as I have so many questions and and equal number of inept 'professionals' eager to take my money but not assist me!! I promise not to bog you down but will ask for general directions when needing to find information! Thanks Sid  
 
Steve
2010-02-02 08:26:04  
Hi Dr P., I've been divorced for 12 yrs now, and know what you and many other fathers have been through, or are still going though. My children are now 25 and 18, and are finally realising how wrong their mother was, and wrong she still is, and how manipulative she can be. Small reward.I would like to be of help to any person in a similar position.  
 
Steve
2010-02-02 08:27:29  
Hi Dr P., I've been divorced for 12 yrs now, and know what you and many other fathers have been through, or are still going though. My children are now 25 and 18, and are finally realising how wrong their mother was, and wrong she still is, and how manipulative she can be. Small reward.I would like to be of help to any person in a similar position.  
 
Norbert
2010-02-10 23:05:19  
Hi Dr P, what a moving story; i am currently going through a similar scenario. My daughter`s mother has taken upon herself to refuse me access to our daughter for not valide reason. I have not had contact with my daughter for about 3 months now. I feel shattered and hurt because, i have tried to reach out to her but she has just taken advantage of my person despite the fact that i raised our daughter since she was few months old. I should admit our Family Law has so much loopholes and it is deplorable. I wish to kindly request if possible we can correspond via email for better information sharing, please to Steve as well i shall love to keep touch with you for assistance. Many thanks for all your stories. Together, let fight for our rights as Fathers. Regards.  
 
Wakes
2010-03-22 17:59:49  
Wow! I am not alone! I have been through a similar fight and paid a fortune to lawyers with no return but finally I succeeded, it is a small step but a major step towards a rewarding relationship with my daughter. I am based in Gauteng and my daughter is in Cape Town and I visit her on a monthly. Strength to all fathers out there fight the good fight  
 
w
2010-03-23 11:21:15  
My pain has only started! Thanks for the heads-up on how things will 'progress'. Your experience, and that of everyone else will continue to serve me well during this very painful process. So far, so good I have to say.  
 
Anonymous
2010-03-23 11:21:39  
My pain has only started! Thanks for the heads-up on how things will progress. Your experience, and that of everyone else will continue to serve me well during this very painful process. So far, so good I have to say.  
 
wayne
2010-03-23 11:21:55  
My pain has only started! Thanks for the heads-up on how things will progress. Your experience, and that of everyone else will continue to serve me well during this very painful process. So far, so good I have to say.  
 
Wim Kotze
2010-04-28 20:43:17  
Been there done that and I've had dealings with several of those you named with similar results. Sole exception was Louis Shapiro: at least he instructed advocates who could read AND write AND argue my case. Will I do it again? I have been in the trenches since my son was 1 year old and today I know that I have been chasing the wind. My son will turn 15 this year and I haven't been able to speak to him for 3years. R300,000 down the drain and the access order is not worth the paper its written on. I have no son... but a least I have the priviledge to pay!  
 
Rick Emdin
2010-06-05 01:06:35  
Reading the above story and comments and after my experience so far I can definitely see there is very little Justice for Fathers in South Africa... I see the similarities amongst certain Lawyers and Advocates... There are those that say they will help, take a deposit and then a couple of days before court they don't answer my calls. I have now run out of money which means I am just being tagged along. I have court orders stating that I can only see her at school because of all the lies in her affidavits... BECAUSE OF THE POLICE ARRESTING ME FOR KIDNAPPING MY OWN DAUGHTER IN MY OWN HOME on LIES in her statement. I need any help I can possibly get to see my daughter whom is my life. I don't care about my pain and suffering... all I care about is the mental abuse she is going through at the hands of my wife and her family... I have been to all the legal aid orginisations and none of them are prepared to help. I got custody of my 23 year old son when he was only a year old... I can't see why the Justice system will not help people who do not have the money to pay these huge amounts of money... They don't care if the children suffer because of the injustice being carried out... What can one do????  
 
Fiona
2010-06-18 12:18:47  
It's incredible to see the pain that men are subjected to because of a woman's bitterness and a lawyers deep pockets. I'm currently in a relationship with a beautiful man who wants nothing more than to see his 3 children but the selfishness and bitterness of his ex-wife stops her from seeing the damage and abuse she is inflicting on her own God given children. Every time it looks like we are making progress, we take two steps back and I wonder if anyone actually can help anymore?  
 
Elzabe
2010-07-31 12:43:38  
I see and feel the pain of fathers and mothers, as a case always have two sides and the children gets sqaused in the middel. I would like to pray for healing of familys. And maybe the law can see to it that parents first have to make sure that the marrige cannot work. Set a law making the right dissions for father mother and children, Insted of lawyers and courts, just making the fight wore. And then there is no gain only pain.And worst og all taking all your money.God bless the Children.  
 
Struggling Daddy Simon
2010-08-30 13:39:43  
I am the unfortunate father being mentally abused by the biological mother of my children. In various attempts to make the divorce process as amicable and quick as possible I have suffered, and my children have suffered. I am now trying to track them down as she is refusing to tell me her whereabouts ... why are people so selfish in the belief that being spiteful can help them? Do they not realise that their spite impacts on the children who suffer the most?  
 
Anonymous
2010-09-02 12:33:20  
Iam an unmarried dad with a pretty little girl thats gonna be 5yrs in November.My family & myself have been denied access to see her for 9months & no valid reason was given.Can you please advice as what my rights are as a father & what process/steps to take to see my little girl.My heart bleeds every waking moment of my life cannot carry on wothout being with her.PLEASE HELP ME SOMEONE OUT THERE!!!!!!  
 
Anonymous
2010-09-02 12:38:37  
Iam an unmarried dad with a pretty little girl thats gonna be 5yrs in November.My family & myself have been denied access to see her for 9months & no valid reason was given.Can you please advice as what my rights are as a father & what process/steps to take to see my little girl.My heart bleeds every waking moment of my life cannot carry on wothout being with her.PLEASE HELP ME SOMEONE OUT THERE!!!!!!  
 
Anonymous
2010-09-02 12:43:55  
Iam an unmarried dad with a pretty little girl thats gonna be 5yrs in November.My family & myself have been denied access to see her for 9months & no valid reason was given.Can you please advice as what my rights are as a father & what process/steps to take to see my little girl.My heart bleeds every waking moment of my life cannot carry on wothout being with her.PLEASE HELP ME SOMEONE OUT THERE!!!!!!  
 
Fed Up
2010-09-15 09:15:24  
I am divorced, I have been awarded primary caretaker of my 2 children, the ex enjoys partying more than her kids, she doesn't pay a cent towards them and only sees them every 2nd weekend. Recently I caught her out in a lie (she lies often) on FB, she is hugely upset and is threatening me, though she won't say what, is there really anything she can do now, even after I have been awarded primary caretaker of our children?  
 
Iain
2010-11-02 12:47:20  
In essence my story and pain has been the same. Two of my three daughters turned against me. The one I have not seen nor has spoken to me for 18 years, the other for 16 years - with a period of communication for two years. For the last 14 years they have been living overseas an have married. They have instructed my third daughter never to give me their addresses numbers or email. By clever googling I got both address and wrote to them. Daughter no. 1 never replied to many emails. Daughter 2 replied to acknowledge a gift to her son only after I wrote from someone else's email address, which made me suspect that she and her husband (I also use his own business email address) have blocked me on their computers. When my third daughter with whom I have a good relationship was going to get married, my ex threatened that should I be at the wedding, she would cause a scene. So I stayed away. The other two never told me they were getting married nor the one when she had a baby. I have frequently thought of sending a document in which I outline many of the lies I do know she told them, together with proof. But the extreme pain (there have been times when the pain has been so severe that I only wanted to die to get the relief - even considering suicide) and hell I went through years back with lawyers, the slow justice system, an unethical psychologist and getting nowhere after spending thousands, I despair if laying out the lies and proof would work. They live in the UK so I can't even go to have a face to face talk in which misunderstandings can be cleared as they may occur during discussion, which you cannot do when writing. In spite of all the things that I have done to move on and create a new life, I am frequently thrown into deep depression from the sense of hopelessness there is fro all of this. For the first 10 years the pain was daily with emotionally traumatic dreams about 3 times a week. Now I have those dreams only now and then and I feel short moments of pain a few times a week and deep agonising pain episodes of hours long about three times a month. I see no future without pain until my two overseas daughters get to a point where they start questioning things and become open to hear the story from my side and see for themselves the person that I really am and not the picture my ex has imprinted on them with lies of what I have and have not done.  
 
Chantal
2010-11-11 11:33:14  
It`s sad & as a women I pity those who use the child for their own screwed up games!!! My brother is going through the same lame law system. Since his daughter has been born, her mother which was on maternal leave, bailed on the school & moved to St Lucia, after still getting her money paid to her. There she started with a private school while still on maternity leave. She can start her own library with all the interdicts she has against my brother, with the most stupendous reasons. She moved 12 times since she`s been in St Lucia. Lo & behold my brother moved there to see his little girl, just to walk into wall of bureaucratic **** . When he visited the little girl at her school, after failing attempts to see her at her mothers house, she had this huge black blue area under her eye, he wanted to take her to the doctor, & was stopped by the schoolteacher. When his little girl saw him, she immediately started running towards him, when it was time to leave she wouldn`t let go. If a person with perfect eyesight couldn`t see the relationship they have, then no one would. It`s sad that she`s the one been used as a stick to hit my brother. For now one can only pray, & hope that she`ll come back one day, to start a relationship with my brother as a young women, for now it`s nearly impossible, due to her sick mother. For only mentally sick people can do what she`s doing, & will still do in the future!!!  
 
Chantal
2010-11-11 11:35:22  
It`s sad & as a women I pity those who use the child for their own screwed up games!!! My brother is going through the same lame law system. Since his daughter has been born, her mother which was on maternal leave, bailed on the school & moved to St Lucia, after still getting her money paid to her. There she started with a private school while still on maternity leave. She can start her own library with all the interdicts she has against my brother, with the most stupendous reasons. She moved 12 times since she`s been in St Lucia. Lo & behold my brother moved there to see his little girl, just to walk into wall of bureaucratic **** . When he visited the little girl at her school, after failing attempts to see her at her mothers house, she had this huge black blue area under her eye, he wanted to take her to the doctor, & was stopped by the schoolteacher. When his little girl saw him, she immediately started running towards him, when it was time to leave she wouldn`t let go. If a person with perfect eyesight couldn`t see the relationship they have, then no one would. It`s sad that she`s the one been used as a stick to hit my brother. For now one can only pray, & hope that she`ll come back one day, to start a relationship with my brother as a young women, for now it`s nearly impossible, due to her sick mother. For only mentally sick people can do what she`s doing, & will still do in the future!!!  
 
c
2010-12-27 20:33:49  
Hi Dr. P. Please could we chat. I gather you must have many such requests. I feel if we chat we could bring about change to this appalling situation that attorneys and advocates subject parents to. I also feel that our combined experiences and our clearly visible desire for what is best for our respective children, could help many in these trying and very often unjust situations. Kind regards.  
 
V
2011-01-27 21:58:07  
HI I have been divorced now aprox 3 yrs. My ex has custody but my 4yr old son has been staying with me for aprox 3.5yrs. She coud not keep up the school fees and expenses and was more intersted in the social life. She still complains that she does not have any money. I do not get financial aid from her and she keeps throwing it in my face that she has custody and she is going to come and get him. I have got him in a stable enviroment and a good home surrounding. What or how do I get the role reversed without going to mager legal costs? DO I stand a chance to get the role reversed if I file for a reversal of ruling?  
 
V
2011-01-27 22:58:20  
HI I have been divorced now aprox 3 yrs. My ex has custody but my 4yr old son has been staying with me for aprox 3.5yrs. She coud not keep up the school fees and expenses and was more intersted in the social life. She still complains that she does not have any money. I do not get financial aid from her and she keeps throwing it in my face that she has custody and she is going to come and get him. I have got him in a stable enviroment and a good home surrounding. What or how do I get the role reversed without going to mager legal costs? DO I stand a chance to get the role reversed if I file for a reversal of ruling?  
 
   

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