Beukes v Beukes (Reasons for Orders) (HC-MD-CIV-MOT-GEN 262 of 2020) [2020] NAHCMD 371 (21 August 2020)

Beukes v Beukes (Reasons for Orders) (HC-MD-CIV-MOT-GEN 262 of 2020) [2020] NAHCMD 371 (21 August 2020)

The applicant demonstrated urgency and a prima facie right to access the minor child, which is in the child's best interests and consistent with the parties' interim parenting plan. The respondent did not oppose substantively. The court condoned non-compliance with rules, granted access, and awarded costs on the normal scale.

Citation
[2020] NAHCMD 371
Parties
Applicant: Ashley Clint Beukes; Respondent: Corne Danielle Loss Beukes
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
21 August 2020
Case Number
HC-MD-CIV-MOT-GEN 262 of 2020
Procedural Posture
Urgent Motion / Interlocutory Application for Access to Minor Pending Custody Proceedings
Outcome
Application granted
Legal Topics
Urgent Applications, Child Custody, Access to Minor Children, Costs
Source Language
English
Family Law Urgent Applications Child Custody Access to Minor Children Costs

Case Brief

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Parties

Ashley Clint Beukes

Applicant

Corne Danielle Loss Beukes

Respondent

Procedural Posture

Urgent Motion / Interlocutory Application for Access to Minor Pending Custody Proceedings

Legal Issues

  1. 1 Whether the applicant should be granted urgent access to the minor child pending the outcome of custody proceedings
  2. 2 Whether the respondent should be restrained from denying access to the minor child
  3. 3 Whether costs should be awarded on a normal or punitive scale

Ratio Decidendi

The applicant demonstrated urgency and a prima facie right to access the minor child, which is in the child's best interests and consistent with the parties' interim parenting plan. The respondent did not oppose substantively. The court condoned non-compliance with rules, granted access, and awarded costs on the normal scale.

Court Disposition

Application granted

Orders

  • Applicant's non-compliance with forms and service condoned; leave granted to proceed on urgent basis
  • Applicant authorized to collect the minor child for two weeks and thereafter every alternate two weeks until a social welfare report is obtained or the Family Court orders otherwise