DG and Another v W and Others (25316/05) [2006] ZAGPHC 34; 2006 (6) SA 51 (W) (21 April 2006)

DG and Another v W and Others (25316/05) [2006] ZAGPHC 34; 2006 (6) SA 51 (W) (21 April 2006)

The High Court declined to grant the relief sought, holding that inter-country adoptions must be processed through the Children’s Court in accordance with the Child Care Act and the Hague Convention. The court found that bypassing these procedures by seeking sole custody and guardianship via the High Court circumvents statutory protections and international obligations, including the subsidiarity principle and the requirement that the best interests of the child be determined by the competent authority. The court emphasized that commissioners of child welfare are better equipped to assess adoption matters and that the High Court should not assume their role. The application was dismissed...

Citation
[2006] ZAGPHC 34
Parties
Applicant: DG; Respondent: W; Respondent: Roodepoort Child and Family Welfare Society
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
21 April 2006
Case Number
25316/05
Procedural Posture
Urgent Application / Application for Sole Custody and Guardianship of Minor Child; Request for Discharge of Foster Order and Permission to Leave South Africa for Adoption Abroad
Outcome
Application dismissed.
Judges
Goldblatt
Legal Topics
Intercountry Adoption, Child Custody, Guardianship, Subsidiarity Principle, Child Care Act, Hague Convention
Family and Children Civil Procedure Intercountry Adoption Child Custody Guardianship Subsidiarity Principle Child Care Act Hague Convention

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Parties

DG

Applicant

W

Respondent

Roodepoort Child and Family Welfare Society

Respondent

Procedural Posture

Urgent Application / Application for Sole Custody and Guardianship of Minor Child; Request for Discharge of Foster Order and Permission to Leave South Africa for Adoption Abroad

Legal Issues

  1. 1 Whether the High Court should grant sole custody and guardianship of a South African minor child to foreign applicants intending to adopt her abroad.
  2. 2 Whether the procedures under the Child Care Act and Hague Convention must be followed for inter-country adoptions.
  3. 3 Whether bypassing the Children’s Court and adoption procedures is permissible under South African law.

Ratio Decidendi

The High Court declined to grant the relief sought, holding that inter-country adoptions must be processed through the Children’s Court in accordance with the Child Care Act and the Hague Convention. The court found that bypassing these procedures by seeking sole custody and guardianship via the High Court circumvents statutory protections and international obligations, including the subsidiarity principle and the requirement that the best interests of the child be determined by the competent authority. The court emphasized that commissioners of child welfare are better equipped to assess adoption matters and that the High Court should not assume their role. The application was dismissed...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.