D v D (14582/2022) [2022] ZAGPJHC 1034 (19 December 2022)

D v D (14582/2022) [2022] ZAGPJHC 1034 (19 December 2022)

The court found that the application was urgent due to the child's schooling needs and the applicant's employment in Croatia. The evidence, including the Family Advocate's report and the voice of the child, demonstrated that the minor child has a secure emotional attachment to the applicant and wishes to relocate. The applicant has made adequate arrangements for the child's welfare in Croatia, including schooling and accommodation. The respondent's concerns about manipulation and proximity to conflict were addressed by provisions for regular contact and the option to return the child to South Africa if necessary. The court concluded that relocation with the applicant is in the child's...

Citation
[2022] ZAGPJHC 1034
Parties
Applicant: D[....], D[....]2; Respondent: D[....], H[....] E[....]
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 December 2022
Case Number
14582/2022
Procedural Posture
Urgent Application / Final Determination of Urgent Application for Relocation of Minor Child
Outcome
Application granted. The applicant is permitted to relocate the minor child to Croatia. The respondent is ordered to sign all necessary documentation and pay the costs of the application.
Judges
MIA
Legal Topics
Child Relocation, Best Interests of Child, Parental Responsibilities and Rights, Voice of the Child, Parenting Plan, Costs in Family Law
Family and Children Child Relocation Best Interests of Child Parental Responsibilities and Rights Voice of the Child Parenting Plan Costs in Family Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

D[....], D[....]2

Applicant

D[....], H[....] E[....]

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Application for Relocation of Minor Child

Legal Issues

  1. 1 Whether the application should be heard as a matter of urgency.
  2. 2 Whether it is in the best interests of the minor child to relocate to Croatia with the applicant.
  3. 3 Whether the respondent's opposition is based on the child's interests or her own.

Ratio Decidendi

The court found that the application was urgent due to the child's schooling needs and the applicant's employment in Croatia. The evidence, including the Family Advocate's report and the voice of the child, demonstrated that the minor child has a secure emotional attachment to the applicant and wishes to relocate. The applicant has made adequate arrangements for the child's welfare in Croatia, including schooling and accommodation. The respondent's concerns about manipulation and proximity to conflict were addressed by provisions for regular contact and the option to return the child to South Africa if necessary. The court concluded that relocation with the applicant is in the child's...

Court Disposition

Application granted. The applicant is permitted to relocate the minor child to Croatia. The respondent is ordered to sign all necessary documentation and pay the costs of the application.

Orders

  • The applicant is granted leave to remove the minor child permanently from South Africa to Croatia.
  • The respondent is ordered to sign all documents necessary for the relocation and passport/visa applications; failing which, the Sheriff is authorised to act.