G.W v M.H (2023/120036) [2024] ZAGPJHC 467 (17 May 2024)

Parties

Procedural Posture

Urgent Application / Interim Relief Pending Main Application

Legal Issues

1. 1 Whether the applicant is entitled to overnight contact with the minor child pending expert investigation.
2. 2 Whether the interim contact regime should include sleepovers before expert recommendations are received.
3. 3 How the best interests of the child are served in the interim contact arrangements.

Ratio Decidendi

The court finds that, on the evidence before it and in the absence of expert input, it cannot conclude that overnight contact with the applicant is currently in the best interests of the minor child. The respondent’s concerns regarding the child’s readiness for sleepovers are not found to be disingenuous and cannot be disregarded. The court determines that the matter should be guided by the recommendations of the agreed expert psychologist, Dr Duchen, whose investigation and report will inform future arrangements. In the interim, the child will reside with the respondent, and the applicant will have regular, meaningful contact excluding sleepovers. The court also orders that the applicant...

Court Disposition

Interim order granted regulating parental responsibilities and rights; sleepover contact excluded pending expert report; costs shared.

Orders

• Both parties remain co-holders of full parental responsibilities and rights in respect of the minor child under Section 18 of the Children’s Act.
• Dr Ronel Duchen is appointed to investigate and report on the exercise of parental rights and responsibilities; her work is to be undertaken as expeditiously as reasonably possible.