J.K.N v P.Z (012791/2022) [2023] ZAGPJHC 798 (15 June 2023)

J.K.N v P.Z (012791/2022) [2023] ZAGPJHC 798 (15 June 2023)

The court found that the applicant has always been the primary caregiver of the minor child, T, and that the relocation to Ireland is bona fide and in the best interests of the child. The applicant has made adequate arrangements for accommodation, schooling, and maintaining relationships with the respondent and grandparents. The child has expressed a clear and mature desire to relocate, and the advantages of relocation outweigh the disadvantages. The respondent's objections were not supported by cogent reasons, and the applicant's motivations were genuine. The court granted condonation for the late filing of the respondent's affidavit and approved the relocation, making the parenting plan...

Citation
[2023] ZAGPJHC 798
Parties
Applicant: N,J.K; Respondent: Z,P
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 June 2023
Case Number
012791/2022
Procedural Posture
Family Application / Judgment
Outcome
Application granted; relocation of the minor child to Ireland permitted.
Judges
N. Mazibuko
Legal Topics
Relocation of Minor Child, Parenting Plan, Best Interests of Child, Maintenance Order
Family and Children Relocation of Minor Child Parenting Plan Best Interests of Child Maintenance Order

Case Brief

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Parties

N,J.K

Applicant

Z,P

Respondent

Procedural Posture

Family Application / Judgment

Legal Issues

  1. 1 Whether the respondent has shown good cause for the late filing of his opposing affidavit.
  2. 2 Whether it is in the best interests of the minor child to permit relocation to Ireland with the applicant.

Ratio Decidendi

The court found that the applicant has always been the primary caregiver of the minor child, T, and that the relocation to Ireland is bona fide and in the best interests of the child. The applicant has made adequate arrangements for accommodation, schooling, and maintaining relationships with the respondent and grandparents. The child has expressed a clear and mature desire to relocate, and the advantages of relocation outweigh the disadvantages. The respondent's objections were not supported by cogent reasons, and the applicant's motivations were genuine. The court granted condonation for the late filing of the respondent's affidavit and approved the relocation, making the parenting plan...

Court Disposition

Application granted; relocation of the minor child to Ireland permitted.

Orders

  • The applicant is permitted to remove T (the minor child) from the Republic of South Africa to permanently reside with her in Ireland.
  • The parenting plan marked Annexure 'FA1' is made an order of court, save for paragraphs 10.1, 10.2, 11.1, 11.2 and 11.7 which are removed. The following paragraphs are included: 10.1 Maintenance contribution towards T will be R5000.00 according to the existing order dated 20 August 2013 and such amount will be set...