Urgent Court Applications

If you are a newly estranged parent Spouse – either by currently going through a divorce, or having just recently divorced – you are about to experience the annoying fact that it isn’t all over yet!

When you make decisions regarding your children, just remember it’s always best to discuss it first with the other estranged parent Spouse, so that you can reach an agreement – even of compromise - that will help things go more smoothly. Or you could find yourself in High Court applying for an Urgent Application

There’s a misguided tendency to assume that because you’ve been granted Primary Residence you can do as you choose. Not so, say the Courts – depending on the contents of your Settlement Agreement! Conversely – have you even reached a Settlement Agreement yet?

Here are a few brief examples of what can happen……

  • Say, you’re the Mother of two young children, you’re going through divorce and you decide to take the kids to Mozambique for a holiday to de-stress. You’ve booked the flights and the accommodation and you’re all set to leave in a few days. Then the estranged husband finds out and doesn’t like the idea so he comes to us to bring an Urgent High Court Application to stop you.
  • Say, you’re the recently divorced Father of a child and you decide to take your child and leave South Africa and go to live with your family in the UK. You’ve booked the flights, your family have made arrangements for you in the UK and you’re leaving in a few days. Suddenly your ex hears that you’re fleeing the country with the child and she comes to us to bring an Urgent High Court Application to stop you.
  • Say, you’re divorced and you have joint custody of your child. Then one of you decides to put the child in another school. You find the right school, do all the interviews, buy the uniform, pay the school fees, buy all the books and stationery, and it’s a day away from enrolment and out of the blue your Spouse comes to us to bring an Urgent High Court Application against you to keep the child in the original school.

What will you do? How can you deal with these situations? You can’t. In fact without a very skilled Family Law Attorney you would be at the mercy of the Courts.

Having Primary Residence doesn’t give you the upper hand in situations such as these. Believe it or not you can’t just make a unilateral decision on behalf of the children because, if your estranged Spouse thinks that’s unreasonable of you, you’ll probably find yourself in Court and in need of urgent legal assistance to make an Urgent High Court Application go away!

Your estranged Spouse may feel as though they are being defied or rejected and cast aside as having no rights; they may therefore feel the need to challenge your right to make these decisions for the children or to take the children away with you. Conversely they could defy you out of sheer spite, but, if there is reasonable foundation to be found in their argument, that could easily delay or prevent things for you.

Remember us? We’re Martin Vermaak, Family Law Attorneys. We handle many Urgent High Court Applications throughout each and every year, and we are already standing by once again preparing to assist those of you who need our help over the end of year holidays.

So forget the suntan lotion and start thinking unabridged birth certificates for the children, permission from the estranged Spouse to take the children away on holiday, permission from the estranged Spouse to take the children out of the country. Yes – you read it right! Sometimes you need permission to take the children away on holiday even within our South African borders. 

We at Martin Vermaak suggest if you need to bring an Urgent High Court Application, we’re ready to do this for you. Conversely if one has been brought against you call us to help you out of the mess you’re in. We are Family Law Attorneys who’ve been doing this a long, long time. Having us on your team will take you get you so much closer to success!

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