B.J.K v C.M.K (A186/2021) [2021] ZAWCHC 253 (1 December 2021)

B.J.K v C.M.K (A186/2021) [2021] ZAWCHC 253 (1 December 2021)

The court found that the respondent's reasons for wishing to relocate with the minor children to Cape Town were bona fide and reasonable, supported by expert evidence that the children's educational and emotional needs were not being met at Greenwood Bay College. The relocation to Cape Town, with enrolment at Reddam House, would better serve the children's interests, provide access to family, and offer improved educational and extramural opportunities. The court considered the wishes of the children, as confidentially reported by Ms Deetlefs, and found them to be clear, uninfluenced, and aligned with their best interests. The appellant's concerns about diminished contact were mitigated by...

Citation
[2021] ZAWCHC 253
Parties
Appellant: B.J.K; Respondent: C.M.K
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
1 December 2021
Case Number
A186/2021
Procedural Posture
Civil Appeal / Appeal Against Judgment Authorising Relocation of Minor Children
Outcome
Appeal dismissed except for the order requiring the appellant to attend therapy; costs awarded against the appellant.
Judges
V C Saldanha, L G Nuku, M Francis
Legal Topics
Relocation of Minor Children, Parenting Plan, Best Interests of Child, Custody and Access, Costs Award
Family and Children Civil Procedure Relocation of Minor Children Parenting Plan Best Interests of Child Custody and Access Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

B.J.K

Appellant

C.M.K

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment Authorising Relocation of Minor Children

Legal Issues

  1. 1 Whether the respondent's application to relocate with the minor children from Plettenberg Bay to Cape Town was bona fide and reasonable.
  2. 2 Whether the relocation and change of school were in the best interests of the minor children.
  3. 3 Whether the appellant should be ordered to attend therapy and counselling as recommended by the expert.

Ratio Decidendi

The court found that the respondent's reasons for wishing to relocate with the minor children to Cape Town were bona fide and reasonable, supported by expert evidence that the children's educational and emotional needs were not being met at Greenwood Bay College. The relocation to Cape Town, with enrolment at Reddam House, would better serve the children's interests, provide access to family, and offer improved educational and extramural opportunities. The court considered the wishes of the children, as confidentially reported by Ms Deetlefs, and found them to be clear, uninfluenced, and aligned with their best interests. The appellant's concerns about diminished contact were mitigated by...

Court Disposition

Appeal dismissed except for the order requiring the appellant to attend therapy; costs awarded against the appellant.

Orders

  • The appeal, save for the order made under paragraph 35.6 by the court a quo, is dismissed.
  • The appellant is ordered to pay the costs of the appeal as well as the application for leave to appeal.