B.B v G.B (902/2011) [2014] ZAECPEHC 82 (1 September 2014)

B.B v G.B (902/2011) [2014] ZAECPEHC 82 (1 September 2014)

The court found that, although both parents are capable and loving, the ongoing acrimony between them renders joint custody and equal shared contact unworkable and not in G.'s best interests. Expert evidence established that G. requires a stable home base and routine, and that the interim arrangement of alternating weeks was disruptive and left him unsettled. The court gave due consideration to G.'s expressed preference to reside primarily with the plaintiff and found him mature enough for his views to be considered. The defendant conceded the issue of primary care. The court concluded that the plaintiff should be appointed as G.'s primary caregiver, with the defendant enjoying reasonable...

Citation
[2014] ZAECPEHC 82
Parties
Plaintiff: B. B.; Defendant: G. B.
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
1 September 2014
Case Number
902/2011
Procedural Posture
Divorce Action / Final Judgment
Outcome
Decree of divorce granted. Plaintiff appointed as primary caregiver of the minor child. Defendant to have reasonable contact on alternate weekends and half of school holidays. Each party to pay their own costs.
Judges
C K Mey
Legal Topics
Primary Caregiver, Child Contact, Best Interests of Child, Joint Custody, Children S Act, Parental Responsibilities
Family and Children Primary Caregiver Child Contact Best Interests of Child Joint Custody Children S Act Parental Responsibilities

Case Brief

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Parties

B. B.

Plaintiff

G. B.

Defendant

Procedural Posture

Divorce Action / Final Judgment

Legal Issues

  1. 1 Whether the interim shared contact arrangement should continue or be replaced with alternate weekend contact for the defendant.
  2. 2 Whether joint custody is feasible given the acrimony between the parties.
  3. 3 What contact arrangement serves the best interests of the minor child, G..

Ratio Decidendi

The court found that, although both parents are capable and loving, the ongoing acrimony between them renders joint custody and equal shared contact unworkable and not in G.'s best interests. Expert evidence established that G. requires a stable home base and routine, and that the interim arrangement of alternating weeks was disruptive and left him unsettled. The court gave due consideration to G.'s expressed preference to reside primarily with the plaintiff and found him mature enough for his views to be considered. The defendant conceded the issue of primary care. The court concluded that the plaintiff should be appointed as G.'s primary caregiver, with the defendant enjoying reasonable...

Court Disposition

Decree of divorce granted. Plaintiff appointed as primary caregiver of the minor child. Defendant to have reasonable contact on alternate weekends and half of school holidays. Each party to pay their own costs.

Orders

  • A decree of divorce will issue.
  • The plaintiff is appointed as the primary caregiver of G., the child born of the parties’ marriage.