G.D v M.M (4809/2022) [2024] ZAGPJHC 65 (29 January 2024)

Parties

Procedural Posture

Family and Children Application / Judgment

Legal Issues

1. 1 Whether the applicant father should be declared the sole holder of parental responsibilities and rights regarding guardianship and care of the minor child.
2. 2 Whether the respondent mother's rights of contact should be terminated.
3. 3 Whether the minor child should be forensically assessed by a social worker as requested by the mother.

Ratio Decidendi

The court found that the father's application to terminate the mother's parental responsibilities and rights was not supported by sufficient investigation into the best interests of the child. The lack of contact between the mother and child was attributed to both parties, with the mother’s absence resulting from visa issues and the father's refusal to facilitate communication. The court emphasised that the best interests of the child require a thorough assessment by a social worker and the Family Advocate to determine the appropriate contact and relationship arrangements. The mother’s counter application for a forensic assessment was granted, and the father was ordered to provide written...

Court Disposition

The father's application is dismissed. The mother's counter application is granted. The father is ordered to provide written consent for the minor child to be referred for forensic assessment. If the father fails to provide consent, the sheriff is authorised to sign on his behalf. Both parties are to cooperate with...

Orders

• Condonation is granted for the late filing of the parties' answering and replying affidavits.
• The father's application is dismissed.