C D and Another v Department of Social Development (5570/2020) [2020] ZAWCHC 25; [2020] HIPR 129 (WCC) (14 April 2020)

C D and Another v Department of Social Development (5570/2020) [2020] ZAWCHC 25; [2020] HIPR 129 (WCC) (14 April 2020)

The court found that the amended Directions under the Disaster Management Act permit movement of children between provinces during lockdown where arrangements exist under a court order or registered parenting plan. The applicants, as divorced parents, had such arrangements in place for their children. The grandparents, as caregivers, were unable to continue caring for the children due to age and health concerns, and the children’s best interests required their return to Cape Town. The evidence showed the situation was urgent and unsustainable. The respondent’s opposition was not supported by the wording of the Directions or the facts. The court granted an order authorising the first...

Citation
[2020] ZAWCHC 25
Parties
Applicant: C D; Applicant: M D; Respondent: Department of Social Development
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
14 April 2020
Case Number
5570/2020
Procedural Posture
Urgent Application / Final Order After Urgent Hearing
Outcome
Application granted. The first applicant is authorised to travel to Bloemfontein to fetch the children and return to Cape Town. Costs awarded against the respondent.
Judges
Y S Meer
Legal Topics
Movement of Children During Lockdown, Parenting Plan, Disaster Management Regulations, Best Interests of Child, Court Order Enforcement
Family and Children Civil Procedure Administrative Law Movement of Children During Lockdown Parenting Plan Disaster Management Regulations Best Interests of Child Court Order Enforcement

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Parties

C D

Applicant

M D

Applicant

Department of Social Development

Respondent

Procedural Posture

Urgent Application / Final Order After Urgent Hearing

Legal Issues

  1. 1 Whether the amended Directions under the Disaster Management Act permit movement of children between provinces during lockdown under a parenting plan or court order.
  2. 2 Whether the best interests of the children justify an exception to the general prohibition on inter-provincial movement.
  3. 3 Whether the grandparents qualify as caregivers under the Children’s Act for purposes of the Directions.

Ratio Decidendi

The court found that the amended Directions under the Disaster Management Act permit movement of children between provinces during lockdown where arrangements exist under a court order or registered parenting plan. The applicants, as divorced parents, had such arrangements in place for their children. The grandparents, as caregivers, were unable to continue caring for the children due to age and health concerns, and the children’s best interests required their return to Cape Town. The evidence showed the situation was urgent and unsustainable. The respondent’s opposition was not supported by the wording of the Directions or the facts. The court granted an order authorising the first...

Court Disposition

Application granted. The first applicant is authorised to travel to Bloemfontein to fetch the children and return to Cape Town. Costs awarded against the respondent.

Orders

  • The first and second applicants are declared co-holders of parental responsibilities and rights in respect of the minor children as per the Children’s Act.
  • The first applicant is authorised and directed to travel between provinces and district areas from Cape Town to Bloemfontein to fetch the children.