Lesala v Morojele (CIV/APN 95 of 2011) [2011] LSHC 138 (20 April 2011)

Lesala v Morojele (CIV/APN 95 of 2011) [2011] LSHC 138 (20 April 2011)

The applicant failed to demonstrate compelling reasons that granting extensive access rights would be in the best interests of the child; the law does not recognize an inherent right of access for the father of a child born out of wedlock absent such reasons.

Citation
[2011] LSHC 138
Parties
Applicant: Masupha Lesala; Respondent: Hlapase Lineo Morojele
Court
High Court
Jurisdiction
Lesotho
Judgment Date
20 April 2011
Case Number
CIV/APN 95 of 2011
Procedural Posture
Application / Judgment
Outcome
application dismissed
Legal Topics
Child Custody, Access Rights, Maintenance, Parental Rights
Source Language
English
Family Law Child Custody Access Rights Maintenance Parental Rights

Case Brief

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Parties

Masupha Lesala

Applicant

Hlapase Lineo Morojele

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the applicant, as the natural father of a child born out of wedlock, is entitled to extensive access rights to the minor child.
  2. 2 Whether granting such access is in the best interests of the child.

Ratio Decidendi

The applicant failed to demonstrate compelling reasons that granting extensive access rights would be in the best interests of the child; the law does not recognize an inherent right of access for the father of a child born out of wedlock absent such reasons.

Court Disposition

application dismissed

Orders

  • application dismissed with costs