Barnard v Barnard (10309/08) [2008] ZAGPHC 293 (11 September 2008)

Barnard v Barnard (10309/08) [2008] ZAGPHC 293 (11 September 2008)

The court found that the best interests of the minor child required that primary care and residence remain with the respondent. The applicant was granted contact rights every alternate weekend and reasonable daily telephonic contact. The court held that there were no exceptional circumstances warranting leave to appeal against the rule 43 order, particularly as the allegations of molestation were not substantiated by evidence. The application for leave to appeal was refused.

Citation
[2008] ZAGPHC 293
Parties
Applicant: N Barnard; Respondent: C H Barnard
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
11 September 2008
Case Number
10309/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Under Rule 43
Outcome
Application for leave to appeal refused. Primary care and residence of the minor child awarded to the respondent. Applicant granted specified contact rights.
Judges
Southwood
Legal Topics
Primary Care and Residence, Contact Rights, Rule 43 Proceedings
Family and Children Primary Care and Residence Contact Rights Rule 43 Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

N Barnard

Applicant

C H Barnard

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Under Rule 43

Legal Issues

  1. 1 Whether the primary care and residence of the minor child should be awarded to the respondent.
  2. 2 Whether the applicant is entitled to contact with the minor child and reasonable telephonic communication.
  3. 3 Whether leave to appeal against the rule 43 order should be granted.

Ratio Decidendi

The court found that the best interests of the minor child required that primary care and residence remain with the respondent. The applicant was granted contact rights every alternate weekend and reasonable daily telephonic contact. The court held that there were no exceptional circumstances warranting leave to appeal against the rule 43 order, particularly as the allegations of molestation were not substantiated by evidence. The application for leave to appeal was refused.

Court Disposition

Application for leave to appeal refused. Primary care and residence of the minor child awarded to the respondent. Applicant granted specified contact rights.

Orders

  • Primary care and residence of the minor child is awarded to the respondent.
  • The applicant is entitled to contact with the minor child every alternate weekend from Friday 10:00 to Monday 18:00.