F v F (9985/2022) [2022] ZAGPJHC 202 (6 April 2022)

F v F (9985/2022) [2022] ZAGPJHC 202 (6 April 2022)

The court found the application to be urgent due to the applicant's imminent employment in the United Kingdom and the respondent's unreasonable withdrawal of consent, which jeopardized both the applicant's career and the children's educational prospects. The applicant has always been the primary caregiver and breadwinner, and all arrangements for the children's relocation are in place. The relocation offers substantial financial, educational, and social benefits for the children, and refusal would result in significant detriment to their welfare. The respondent's objections regarding contact and maintenance were addressed by granting reasonable and unfettered contact rights...

Citation
[2022] ZAGPJHC 202
Parties
Applicant: F[....], L[....] A[....]; Respondent: F[....], R[....] M[....]
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 April 2022
Case Number
9985/2022
Procedural Posture
Urgent Application / Final Determination
Outcome
Application granted; applicant permitted to relocate minor children to the United Kingdom; respondent's parental rights for relocation purposes terminated; costs awarded to applicant.
Judges
L R Adams
Legal Topics
Relocation of Minor Children, Parental Responsibilities and Rights, Best Interests of Child, Urgent Application, Contact Rights
Family and Children Relocation of Minor Children Parental Responsibilities and Rights Best Interests of Child Urgent Application Contact Rights

Case Brief

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Parties

F[....], L[....] A[....]

Applicant

F[....], R[....] M[....]

Respondent

Procedural Posture

Urgent Application / Final Determination

Legal Issues

  1. 1 Whether the application is urgent.
  2. 2 Whether the applicant should be granted leave to relocate the minor children to the United Kingdom.
  3. 3 Whether the respondent's parental responsibilities and rights should be terminated or dispensed with for the purpose of relocation.

Ratio Decidendi

The court found the application to be urgent due to the applicant's imminent employment in the United Kingdom and the respondent's unreasonable withdrawal of consent, which jeopardized both the applicant's career and the children's educational prospects. The applicant has always been the primary caregiver and breadwinner, and all arrangements for the children's relocation are in place. The relocation offers substantial financial, educational, and social benefits for the children, and refusal would result in significant detriment to their welfare. The respondent's objections regarding contact and maintenance were addressed by granting reasonable and unfettered contact rights...

Court Disposition

Application granted; applicant permitted to relocate minor children to the United Kingdom; respondent's parental rights for relocation purposes terminated; costs awarded to applicant.

Orders

  • The application is declared urgent.
  • The respondent's parental responsibilities and rights in respect of the minor children are terminated as provided for in sections 18(3)(c)(iii) and (iv) of the Children’s Act 38 of 2005.