Chief Family Advocate of the Republic of South Africa as represented by Mr Keuben Gounden, Senior Family Advocate, East London v IRRJ (EL528/19) [2019] ZAECELLC 18 (23 August 2019)
The court, by consent and pursuant to its earlier order, determined that the children should be returned to the care of their father in New Zealand pending the outcome of proceedings in that jurisdiction. The court made detailed arrangements for the children's travel, specifying that the respondent shall not...
Source-derived case information.
- Citation
- [2019] ZAECELLC 18
- Parties
- Applicant: Chief Family Advocate of the Republic of South Africa as represented by Mr Keuben Gounden, Senior Family Advocate, East London; Respondent: IRRJ
- Court
- Eastern Cape High Court, East London Local Court
- Jurisdiction
- South Africa
- Case Number
- EL528/19
- Procedural Posture
- Family Law Application / Supplementary Order After Initial Order and Submissions
- Outcome
- Supplementary order issued by consent, regulating the return of the children to New Zealand and associated arrangements.
- Judges
- Hartle
- Legal Topics
- Parental Care, International Child Relocation, Parenting Orders, Contact Rights
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chief Family Advocate of the Republic of South Africa as represented by Mr Keuben Gounden, Senior Family Advocate, East London
Applicant
IRRJ
Respondent
Procedural Posture
Family Law Application / Supplementary Order After Initial Order and Submissions
Legal Issues
- 1 Whether the children should be returned to the care of their father in New Zealand pending the outcome of proceedings in that jurisdiction.
- 2 What arrangements should be made for the children's travel and care during the relocation.
- 3 What contact rights should be afforded to the respondent pending final determination.
Ratio Decidendi
The court, by consent and pursuant to its earlier order, determined that the children should be returned to the care of their father in New Zealand pending the outcome of proceedings in that jurisdiction. The court made detailed arrangements for the children's travel, specifying that the respondent shall not accompany them and that either the paternal grandmother or the father himself will do so. The father is responsible for the costs of travel. The children will reside primarily with their father and attend Gulf Harbour School. The respondent is entitled to regular contact with the children through electronic means. The parties are required to engage in mediation in New Zealand before...
Court Disposition
Supplementary order issued by consent, regulating the return of the children to New Zealand and associated arrangements.
Orders
- The children shall be returned to the care of the father in New Zealand pending the outcome of the decision of the Court in New Zealand as ordered by this court.
- The respondent shall not return to New Zealand with the children, namely L and A.
Full Case Text
Judgment text and source record
35 paragraphs
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
EAST LONDON CIRCUIT LOCAL DIVISION
CASE NUMBER: EL 528/19
Friday, 23 AUGUST 2019
Before the Honourable Madam Justice Hartle
In the matter between:
THE CHIEF FAMILY ADVOCATE OF THE REPUBLIC
OF SOUTH AFRICA AS REPRESENTED BY MR. KEUBEN
GOUNDEN, SENIOR FAMILY ADVOCATE EAST LONDON APPLICANT
and
IRRJ RESPONDENT
SUPPLEMENTARY ORDER
Pursuant to paragraph 6 of this court’s order dated 16 August 2019, and after hearing the parties’ submissions, and by consent, the following supplementary order issues:
1. The children shall be returned to the care of the father in New Zealand pending the outcome of the decision of the Court in New Zealand as ordered by this court.
2.
2. The Respondent shall not return to New Zealand with the children, namely L and A.
3. The children’s paternal grandmother, Ms. J[…] S[…] will accompany the children on the flight from South Africa to New Zealand.
Alternatively,
4. The children’s father shall travel to South Africa and accompany
the children back to New Zealand.
5. The children’s father shall pay for the flights for the children’s
paternal grandmother, Ms. J[…] S[…] and or his own flight as well as for the children.
6. In the event that the children’s paternal grandmother, Ms. J[…]
S[…] is to accompany the children, the children’s father shall uplift the children from the airport upon their arrival in New Zealand.
7. The children shall primarily reside with their father who will be responsible for their day to day care.
8. The children shall attend Gulf Harbour School.
9. The Respondent shall be entitled to regular contact with the children
either by telephone, video call, Skype or WhatsApp or any other reasonable arrangements in respect of contact.
10. The children’s father and the Respondent shall engage urgently in the peremptory mediation required by New Zealand law before making application to the New Zealand Family Court for a parenting order and/or with regard to further issues that may arise.
11. The children’s father does not consent to any long term parenting orders being made by the South African Court and commits to attending the peremptory mediation in New Zealand to resolve such issues. In
the event that such mediation is unsuccessful, the children’s father shall make application by the date envisaged in paragraph 7 of the initial order made by this court on 16 August 2019 to the New Zealand Family Court for final determination of their respective
parenting rights concerning the children.
BY ORDER OF COURT
REGISTRAR