F.W v S.W (2003/2020) [2021] ZAMPMBHC 25 (6 July 2021)

F.W v S.W (2003/2020) [2021] ZAMPMBHC 25 (6 July 2021)

The court found that the best interests of the minor children required that their travel for contact with the applicant be as direct and stress-free as possible. Direct flights between Cape Town and Mbombela were preferable to travel via OR Tambo International Airport, as they reduced travel time, fatigue, and exposure to road hazards, and allowed for more meaningful contact with the applicant. The court accepted the applicant's concession that contact would occur four times per annum during school holidays, making the cost of direct flights reasonable. The respondent was ordered to pay for these direct flights for both minor children. The court also held that the application was urgent,...

Citation
[2021] ZAMPMBHC 25
Parties
Applicant: F[...] W[...]; Respondent: S[...] W[...]
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
6 July 2021
Case Number
2003/2020
Procedural Posture
Urgent Application / Final Judgment After Settlement and Determination of Reserved Costs and Contact Arrangements
Outcome
Application granted in part; respondent ordered to pay for direct flights for minor children for contact visits; costs awarded as specified.
Judges
Mashile
Legal Topics
Child Relocation, Best Interests of Child, Contact Rights, Children's Act, Costs Order
Family and Children Child Relocation Best Interests of Child Contact Rights Children's Act Costs Order

Case Brief

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Parties

F[...] W[...]

Applicant

S[...] W[...]

Respondent

Procedural Posture

Urgent Application / Final Judgment After Settlement and Determination of Reserved Costs and Contact Arrangements

Legal Issues

  1. 1 Whether the relocation of the minor children with the respondent to Stellenbosch was in their best interests.
  2. 2 Who should bear the costs of travel for the minor children to visit the applicant after relocation.
  3. 3 Whether the application was urgent and how costs should be allocated.

Ratio Decidendi

The court found that the best interests of the minor children required that their travel for contact with the applicant be as direct and stress-free as possible. Direct flights between Cape Town and Mbombela were preferable to travel via OR Tambo International Airport, as they reduced travel time, fatigue, and exposure to road hazards, and allowed for more meaningful contact with the applicant. The court accepted the applicant's concession that contact would occur four times per annum during school holidays, making the cost of direct flights reasonable. The respondent was ordered to pay for these direct flights for both minor children. The court also held that the application was urgent,...

Court Disposition

Application granted in part; respondent ordered to pay for direct flights for minor children for contact visits; costs awarded as specified.

Orders

  • Part A of the notice of motion heard on 30 June 2020 is declared urgent and each party is to bear his or her costs relating thereto.
  • The respondent is ordered to pay the cost of a direct flight between Cape Town and Mbombela for both minor children four times per annum.