C R v T N (4327/2016) [2024] ZAECQBHC 20 (19 March 2024)

C R v T N (4327/2016) [2024] ZAECQBHC 20 (19 March 2024)

The court found that, given the difficulties experienced by the Family Advocate's office and the respondent's objections to Advocate Bakker, it was appropriate to appoint an independent curator ad litem to investigate the best interests of the minor child in relation to the relief sought in Part B of the application. Attorney Judy Theron was deemed suitable as she has no prior involvement with the parties or the child. The appointment of a curator ad litem is necessary to ensure a thorough and impartial investigation, and the Family Advocate's office is to assist in this process. The court also provided for the supplementation of affidavits by both parties following the curator's report...

Citation
[2024] ZAECQBHC 20
Parties
Applicant: C[...] R[...] (previously V[…] D[…]); Respondent: T[...] N[...]
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
19 March 2024
Case Number
4327/2016
Procedural Posture
Family and Children Application / Application for Appointment of Curator Ad Litem (part A); Investigation Pending for Substantive Relief (part B)
Outcome
Application for appointment of Attorney Judy Theron as curator ad litem granted; investigation and reporting ordered; substantive relief postponed pending investigation.
Judges
Beshe
Legal Topics
Curator Ad Litem Appointment, Parental Rights and Responsibilities, Best Interests of Child, Children S Act, Births and Deaths Registration
Family and Children Curator Ad Litem Appointment Parental Rights and Responsibilities Best Interests of Child Children S Act Births and Deaths Registration

Case Brief

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Parties

C[...] R[...] (previously V[…] D[…])

Applicant

T[...] N[...]

Respondent

Procedural Posture

Family and Children Application / Application for Appointment of Curator Ad Litem (part A); Investigation Pending for Substantive Relief (part B)

Legal Issues

  1. 1 Whether it is appropriate to appoint a curator ad litem for the minor child for purposes of investigating the best interests of the child in relation to the relief sought in Part B of the application.
  2. 2 Whether the concerns raised by the respondent regarding the appointment of Advocate Bakker as curator ad litem warrant the appointment of an alternative curator.
  3. 3 Whether the Family Advocate should assist the curator ad litem in the investigation.

Ratio Decidendi

The court found that, given the difficulties experienced by the Family Advocate's office and the respondent's objections to Advocate Bakker, it was appropriate to appoint an independent curator ad litem to investigate the best interests of the minor child in relation to the relief sought in Part B of the application. Attorney Judy Theron was deemed suitable as she has no prior involvement with the parties or the child. The appointment of a curator ad litem is necessary to ensure a thorough and impartial investigation, and the Family Advocate's office is to assist in this process. The court also provided for the supplementation of affidavits by both parties following the curator's report...

Court Disposition

Application for appointment of Attorney Judy Theron as curator ad litem granted; investigation and reporting ordered; substantive relief postponed pending investigation.

Orders

  • Attorney Judy Theron is appointed as curator ad litem for the minor child Amore Duifie N[...], born 12 June 2010, to investigate the best interests of the child and any other relevant factors as contemplated in sections 6, 7, 10 and 21 of the Children’s Act, 38 of 2005, read with sections 24 and 25 of the Births and...
  • The office of the Family Advocate is directed to assist the curator ad litem in her investigation into the relief sought in Part B of the Notice of Motion dated 9 May 2022.