F v F (2024/114386) [2025] ZAGPJHC 174 (25 February 2025)

F v F (2024/114386) [2025] ZAGPJHC 174 (25 February 2025)

The respondent has been absent from the lives of the minor children for nearly eight years, failed to provide financial and emotional support, and refused to cooperate in matters concerning their welfare. The Voice of the Child report confirms that the children have no emotional attachment to the respondent and do not wish to have contact with him. The respondent's failure to fulfil his maintenance obligations and refusal to support the children's development further demonstrate abandonment of parental responsibilities. The evidence overwhelmingly supports that termination of the respondent's parental rights and responsibilities is in the best interests of the minor children. The...

Citation
[2025] ZAGPJHC 174
Parties
Applicant: F; Respondent: F
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 February 2025
Case Number
2024/114386
Procedural Posture
Family Application / Final Determination
Outcome
Application granted; respondent's parental responsibilities and rights terminated; applicant vested with sole guardianship and care; costs awarded against respondent.
Judges
WJ du Plessis
Legal Topics
Termination of Parental Rights, Best Interests of Child, Guardianship, Voice of Child, Maintenance Obligations
Family and Children Termination of Parental Rights Best Interests of Child Guardianship Voice of Child Maintenance Obligations

Case Brief

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Parties

F

Applicant

F

Respondent

Procedural Posture

Family Application / Final Determination

Legal Issues

  1. 1 Whether the respondent's parental responsibilities and rights of guardianship and care in respect of the minor children should be terminated.
  2. 2 Whether the respondent's prolonged absence and failure to provide financial and emotional support justify termination of parental rights.
  3. 3 Whether granting the relief sought is in the best interests of the minor children.

Ratio Decidendi

The respondent has been absent from the lives of the minor children for nearly eight years, failed to provide financial and emotional support, and refused to cooperate in matters concerning their welfare. The Voice of the Child report confirms that the children have no emotional attachment to the respondent and do not wish to have contact with him. The respondent's failure to fulfil his maintenance obligations and refusal to support the children's development further demonstrate abandonment of parental responsibilities. The evidence overwhelmingly supports that termination of the respondent's parental rights and responsibilities is in the best interests of the minor children. The...

Court Disposition

Application granted; respondent's parental responsibilities and rights terminated; applicant vested with sole guardianship and care; costs awarded against respondent.

Orders

  • The respondent’s parental responsibilities and rights of guardianship and care in respect of Bl and Br are terminated in terms of section 28(1)(a) of the Children’s Act, 38 of 2005.
  • The applicant is declared to be the sole holder of responsibilities and rights of guardianship and care in respect of Bl and Br, including all decision-making powers for medical and educational matters.