A.C.J.S v A.S (4216/2018) [2021] ZALMPPHC 6 (18 February 2021)

A.C.J.S v A.S (4216/2018) [2021] ZALMPPHC 6 (18 February 2021)

The court found that the acrimonious nature of the divorce and the lack of trust between the parties made it impossible for the minor children to be meaningfully consulted by either parent. The children had already undergone multiple assessments and expressed a desire not to be further evaluated, but the applicant's account of their wishes was potentially self-serving. An independent curatrix ad litem was necessary to ensure the children's voices were genuinely heard and their best interests protected. The court held that Mrs Anita Campbell should be appointed as curatrix ad litem for the minor children, with specific powers to act independently, investigate their circumstances, and...

Citation
[2021] ZALMPPHC 6
Parties
Applicant: A.C.J.S; Respondent: A.S
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
18 February 2021
Case Number
4216/2018
Procedural Posture
Urgent Application / Application for Appointment of Curatrix Ad Litem and Joinder of Minor Children as Interested Parties in Ongoing Divorce Proceedings
Outcome
Application granted in part: minor children joined as interested parties; Mrs Anita Campbell appointed as curatrix ad litem with specified powers; respondent to pay costs on party and party scale.
Judges
Kganyago
Legal Topics
Curatrix Ad Litem Appointment, Children S Rights, Best Interests of Child, Divorce Proceedings, Primary Care and Residence, Costs Order
Family and Children Curatrix Ad Litem Appointment Children S Rights Best Interests of Child Divorce Proceedings Primary Care and Residence Costs Order

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Parties

A.C.J.S

Applicant

A.S

Respondent

Procedural Posture

Urgent Application / Application for Appointment of Curatrix Ad Litem and Joinder of Minor Children as Interested Parties in Ongoing Divorce Proceedings

Legal Issues

  1. 1 Whether the minor children should be joined as interested parties in the divorce proceedings.
  2. 2 Whether Mrs Anita Campbell should be appointed as curatrix ad litem for the minor children.
  3. 3 Whether the curatrix ad litem should have powers to engage professionals to determine the children's best interests.

Ratio Decidendi

The court found that the acrimonious nature of the divorce and the lack of trust between the parties made it impossible for the minor children to be meaningfully consulted by either parent. The children had already undergone multiple assessments and expressed a desire not to be further evaluated, but the applicant's account of their wishes was potentially self-serving. An independent curatrix ad litem was necessary to ensure the children's voices were genuinely heard and their best interests protected. The court held that Mrs Anita Campbell should be appointed as curatrix ad litem for the minor children, with specific powers to act independently, investigate their circumstances, and...

Court Disposition

Application granted in part: minor children joined as interested parties; Mrs Anita Campbell appointed as curatrix ad litem with specified powers; respondent to pay costs on party and party scale.

Orders

  • All minor children born of the marriage are joined as interested parties as second, third, and fourth defendants in the divorce proceedings under case number 4216/2018.
  • Mrs Anita Campbell is appointed as curatrix ad litem of the minor children.