C v K (11285/2017) [2017] ZAGPPHC 537 (15 August 2017)

C v K (11285/2017) [2017] ZAGPPHC 537 (15 August 2017)

The court held that it is essential to consider the family advocate's report before making any determination regarding the primary residence of the minor child. The applicant's proposal to appoint a private social worker was rejected, as the family advocate is already investigating the matter and will make recommendations if further expert input is required. Interim access for the applicant is to continue in accordance with the existing arrangement, pending the court's final determination after receiving the family advocate's report. The costs are reserved.

Citation
[2017] ZAGPPHC 537
Parties
Applicant: O C; Respondent: K K
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 August 2017
Case Number
11285/2017
Procedural Posture
Family Application / Application for Primary Residence and Interim Access; Opposed Motion
Outcome
Application postponed sine die; interim access granted to applicant; family advocate directed to furnish report; costs reserved.
Judges
Motepe
Legal Topics
Primary Residence of Minor, Interim Access, Family Advocate Report, Appointment of Social Worker
Family and Children Primary Residence of Minor Interim Access Family Advocate Report Appointment of Social Worker

Case Brief

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Parties

O C

Applicant

K K

Respondent

Procedural Posture

Family Application / Application for Primary Residence and Interim Access; Opposed Motion

Legal Issues

  1. 1 Whether the primary residence of the minor child should be transferred to the applicant.
  2. 2 Whether a private social worker should be appointed to oversee the transition period.
  3. 3 Whether the Court should await the family advocate's report before making a final determination.

Ratio Decidendi

The court held that it is essential to consider the family advocate's report before making any determination regarding the primary residence of the minor child. The applicant's proposal to appoint a private social worker was rejected, as the family advocate is already investigating the matter and will make recommendations if further expert input is required. Interim access for the applicant is to continue in accordance with the existing arrangement, pending the court's final determination after receiving the family advocate's report. The costs are reserved.

Court Disposition

Application postponed sine die; interim access granted to applicant; family advocate directed to furnish report; costs reserved.

Orders

  • The application is postponed sine die.
  • The family advocate is directed to furnish her report to the court with recommendations for consideration.