CJS v CS (SA 32 of 2021) [2021] NASC 40 (15 October 2021)

CJS v CS (SA 32 of 2021) [2021] NASC 40 (15 October 2021)

The best interests of the child require that custody remain with the mother, who is the primary attachment figure, and that relocation to Stellenbosch is reasonable, bona fide, and provides a stable, supportive environment. The allegations of alcohol abuse were found to be baseless, and the father's conduct in raising them was a character flaw. The court a quo did not err in its findings.

Citation
[2021] NASC 40
Parties
Appellant: CJS; Respondent: CS (Born S)
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
15 October 2021
Case Number
SA 32 of 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Child Custody, Relocation of Minor, Best Interests of the Child, Divorce, Access Rights
Source Language
English
Family Law Child Law Child Custody Relocation of Minor Best Interests of the Child Divorce Access Rights

Case Brief

Summary, issues, holding and outcome

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Parties

CJS

Appellant

CS (Born S)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the court a quo erred in granting custody of the minor child to the mother and permitting her relocation to Stellenbosch
  2. 2 What is in the best interests of the child regarding custody and relocation

Ratio Decidendi

The best interests of the child require that custody remain with the mother, who is the primary attachment figure, and that relocation to Stellenbosch is reasonable, bona fide, and provides a stable, supportive environment. The allegations of alcohol abuse were found to be baseless, and the father's conduct in raising them was a character flaw. The court a quo did not err in its findings.

Court Disposition

Appeal dismissed with costs

Orders

  • Custody of the minor child remains with the mother (respondent)
  • Mother permitted to relocate with the child to Stellenbosch