D.J.B (born M) v M.B (13973/2020) [2021] ZAWCHC 27 (18 February 2021)

D.J.B (born M) v M.B (13973/2020) [2021] ZAWCHC 27 (18 February 2021)

The court found that the best interests of the minor children would be served by allowing them to attend dual medium private schools, specifically Midstream College, as recommended by the experts. The dual medium environment would enable the children to continue their education in Afrikaans while providing the opportunity to transition to English without changing schools, exposing them to a diverse, multicultural society and enhancing future educational and career prospects. The practical difficulties raised by the applicant, such as travel time and cost, were acknowledged but not considered overriding, especially as the respondent undertook to pay for the private school fees. The...

Citation
[2021] ZAWCHC 27
Parties
Applicant: D[...] J[...] B[...] (born M[...]); Respondent: M[...] B[...]
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 February 2021
Case Number
13973/2020
Procedural Posture
Urgent Application / Order and Reasons Following Urgent Application for Relocation and Variation of Parenting Plan
Outcome
Application granted in part: relocation and school enrolment authorised; Parenting Plan amended; supervised contact ordered; costs not awarded.
Judges
Pangarker
Legal Topics
Child Relocation, Parenting Plan Variation, Best Interests of Child, School Choice, Contact Rights, Costs in Family Law
Family and Children Child Relocation Parenting Plan Variation Best Interests of Child School Choice Contact Rights Costs in Family Law

Case Brief

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Parties

D[...] J[...] B[...] (born M[...])

Applicant

M[...] B[...]

Respondent

Procedural Posture

Urgent Application / Order and Reasons Following Urgent Application for Relocation and Variation of Parenting Plan

Legal Issues

  1. 1 Whether the applicant should be granted leave to relocate with the minor children to Centurion, Gauteng.
  2. 2 Which schools the minor children should attend following relocation.
  3. 3 Whether the applicant is entitled to a payment holiday regarding the cost of return air tickets for the children to visit the respondent.

Ratio Decidendi

The court found that the best interests of the minor children would be served by allowing them to attend dual medium private schools, specifically Midstream College, as recommended by the experts. The dual medium environment would enable the children to continue their education in Afrikaans while providing the opportunity to transition to English without changing schools, exposing them to a diverse, multicultural society and enhancing future educational and career prospects. The practical difficulties raised by the applicant, such as travel time and cost, were acknowledged but not considered overriding, especially as the respondent undertook to pay for the private school fees. The...

Court Disposition

Application granted in part: relocation and school enrolment authorised; Parenting Plan amended; supervised contact ordered; costs not awarded.

Orders

  • The Parenting Plan incorporated in the Final Divorce Order dated 8 December 2011 under case number 15770/2010 is amended as set out in the judgment.
  • During term time, the respondent (father) shall have reasonable contact with the children on the first weekend of every month from Friday after school to Sunday evening, with flexibility for a second weekend on notice, subject to school events and flight availability.