Pickering v Tjiroze (HC-MD-CIV-MOT-GEN 505 of 2021) [2022] NAHCMD 2 (5 January 2022)

The court found that, considering the minor child's clear wishes, her best interests are served by allowing her to return to Johannesburg, subject to conditions, and not by forcing her to remain in Namibia.

Citation: [2022] NAHCMD 2
Parties: Applicant: Gillian Pickering; Respondent: Hitjevi Tjiroze
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 5 January 2022
Case Number: HC-MD-CIV-MOT-GEN 505 of 2021
Procedural Posture: Urgent Application / Ex Tempore Judgment
Outcome: Application to interdict dismissed; access and procedural orders granted; each party to pay own costs; matter finalized.
Legal Topics: Child Custody, Urgent Interdict, Access to Minor Child, Jurisdiction of Children's Court
Source Language: English

Family Law Child Law Child Custody Urgent Interdict Access to Minor Child Jurisdiction of Children's Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Gillian Pickering

Applicant

Hitjevi Tjiroze

Respondent

Procedural Posture

Urgent Application / Ex Tempore Judgment

Legal Issues

1 Whether the respondent should be interdicted from removing the minor child from Namibia
2 Whether the applicant is entitled to urgent relief
3 What access the applicant should have to the minor child

Ratio Decidendi

Court Disposition

Application to interdict dismissed; access and procedural orders granted; each party to pay own costs; matter finalized.

Orders

Applicant's non-compliance with Rule 73 condoned; application heard as urgent.
Application to interdict respondent from removing minor child from Namibia dismissed.