Erasmus v Eksteen (77910/10) [2011] ZAGPPHC 3 (11 January 2011)

Erasmus v Eksteen (77910/10) [2011] ZAGPPHC 3 (11 January 2011)

Given the unopposed evidence that the minor child is unhappy in the respondent's household and wishes to reside with the applicant, and considering the importance of the child's expressed wishes at age 16, the court finds it appropriate to grant interim relief by transferring primary residence to the applicant pending investigation by the Family Advocate. The court also establishes contact arrangements to preserve the child's relationship with his mother. The court reserves judgment on the necessity of independent legal representation for the minor but allows for the possibility. The court further warns that any physical violence by the stepfather against the minor may result in criminal...

Citation
[2011] ZAGPPHC 3
Parties
Applicant: Louis Lourens Erasmus; Respondent: Mouna Eksteen
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 January 2011
Case Number
77910/10
Procedural Posture
Urgent Application / Interim Relief Pending Investigation by Family Advocate
Outcome
Interim relief granted: primary residence of the minor child transferred to the applicant pending investigation; contact arrangements established; costs reserved.
Judges
Tuchten
Legal Topics
Primary Residence of Minor, Best Interests of Child, Interim Custody, Contact Rights, Legal Aid for Minor
Family and Children Primary Residence of Minor Best Interests of Child Interim Custody Contact Rights Legal Aid for Minor

Case Brief

Summary, issues, holding and outcome

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Parties

Louis Lourens Erasmus

Applicant

Mouna Eksteen

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Investigation by Family Advocate

Legal Issues

  1. 1 Whether the minor child's primary residence should be changed pending investigation by the Family Advocate.
  2. 2 What interim contact arrangements are appropriate between the minor and the respondent.
  3. 3 Whether the minor should be permitted to obtain independent legal representation at the expense of the Legal Aid Board.

Ratio Decidendi

Given the unopposed evidence that the minor child is unhappy in the respondent's household and wishes to reside with the applicant, and considering the importance of the child's expressed wishes at age 16, the court finds it appropriate to grant interim relief by transferring primary residence to the applicant pending investigation by the Family Advocate. The court also establishes contact arrangements to preserve the child's relationship with his mother. The court reserves judgment on the necessity of independent legal representation for the minor but allows for the possibility. The court further warns that any physical violence by the stepfather against the minor may result in criminal...

Court Disposition

Interim relief granted: primary residence of the minor child transferred to the applicant pending investigation; contact arrangements established; costs reserved.

Orders

  • The Family Advocate is requested to investigate whether it is in the best interests of the minor child for his primary residence to be transferred to the applicant and to report to the court.
  • Pending final determination, the minor child's primary residence will be with the applicant.