E.V.G v A.J.J.V (2023/059041) [2023] ZAGPJHC 1473 (22 December 2023)

E.V.G v A.J.J.V (2023/059041) [2023] ZAGPJHC 1473 (22 December 2023)

The court found that both parties should retain full and joint parental responsibilities and rights of care and guardianship over the minor children, with primary residence remaining with the applicant. The respondent is granted a phased-in contact regime, initially supervised and then expanded, subject to a psychiatric evaluation. The appointment of a parenting coordinator is ordered to facilitate contact and resolve disputes. Maintenance is awarded to the applicant and children, with the respondent to pay specified household expenses, medical aid, 75% of excess medical expenses for the children, cash maintenance, and spousal maintenance for six months. The applicant is awarded a...

Citation
[2023] ZAGPJHC 1473
Parties
Applicant: EVG; Respondent: AJJV
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 December 2023
Case Number
2023/059041
Procedural Posture
Urgent Application / Rule 43 Interim Relief Pending Divorce
Outcome
Interim relief granted pendente lite: joint parental rights, primary residence with applicant, phased-in contact for respondent, appointment of parenting coordinator, maintenance and cost contribution orders.
Judges
F Bezuidenhout
Legal Topics
Interim Maintenance, Parental Responsibilities and Rights, Rule 43 Application, Spousal Maintenance, Contribution to Legal Costs
Family and Children Civil Procedure Interim Maintenance Parental Responsibilities and Rights Rule 43 Application Spousal Maintenance Contribution to Legal Costs

Case Brief

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Parties

EVG

Applicant

AJJV

Respondent

Procedural Posture

Urgent Application / Rule 43 Interim Relief Pending Divorce

Legal Issues

  1. 1 What interim maintenance should be awarded to the applicant and minor children pending divorce.
  2. 2 What contact and residency arrangements are in the best interests of the minor children.
  3. 3 Whether a parenting coordinator should be appointed and on what terms.

Ratio Decidendi

The court found that both parties should retain full and joint parental responsibilities and rights of care and guardianship over the minor children, with primary residence remaining with the applicant. The respondent is granted a phased-in contact regime, initially supervised and then expanded, subject to a psychiatric evaluation. The appointment of a parenting coordinator is ordered to facilitate contact and resolve disputes. Maintenance is awarded to the applicant and children, with the respondent to pay specified household expenses, medical aid, 75% of excess medical expenses for the children, cash maintenance, and spousal maintenance for six months. The applicant is awarded a...

Court Disposition

Interim relief granted pendente lite: joint parental rights, primary residence with applicant, phased-in contact for respondent, appointment of parenting coordinator, maintenance and cost contribution orders.

Orders

  • The applicant and respondent shall retain full and joint parental responsibilities and rights of care and guardianship over the minor children.
  • Primary residence of the minor children shall remain with the applicant.