Good day, my brother's son is 12 years old. His mother left the house and left him there with his father, as she asked him the day she left if he wanted to go with her or stay with his dad. He said he wanted to stay with his dad. Two weeks later he received a summons from her attorney and now suddenly she wants the child with full custody as well as R4.000 maintenance per month for the child, as well as R2.000 for a year for herself. And other cash demands. But the thing that stresses me, can she take the child now?? If he does not want to stay with her?? Is he old enough to make a decision of where he wants to stay?
He certainly is old enough. If the child refuses to go, the father must simply oppose any action brought by the mother. If the SAPS shows up, the child must inform them clearly of his wishes and they should respect that. It is a CIVIL matter for the courts to decide. The High Court will then decide where he will stay and who pays what.
