J.P v M.W (5299/2019) [2021] ZAFSHC 88 (25 February 2021)

J.P v M.W (5299/2019) [2021] ZAFSHC 88 (25 February 2021)

The court found that the applicant's urgent application to suspend the respondent's contact rights was not justified by genuine concerns for the children's welfare. Expert reports obtained at the applicant's behest contradicted her allegations and revealed that parental conflict and alienation, rather than the respondent's alleged alcohol abuse, were the true sources of disruption. The applicant failed to follow the prescribed process under section 33 of the Children's Act, which requires parties to attempt to agree on a parenting plan with professional assistance before approaching the court. The court held that the applicant's conduct was vexatious and unreasonable, but not so...

Citation
[2021] ZAFSHC 88
Parties
Applicant: J.P; Respondent: M.W
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 February 2021
Case Number
5299/2019
Procedural Posture
Urgent Application / Final Judgment After Confirmation of Rule Nisi and Hearing on Costs
Outcome
Application disposed of by agreement except for costs; applicant ordered to pay respondent's costs incurred after confirmation of rule nisi on party and party scale.
Judges
NS Daniso
Legal Topics
Parenting Plan, Parental Responsibilities and Rights, Costs in Children Matters, Children S Act Section 33, Parental Alienation
Family and Children Parenting Plan Parental Responsibilities and Rights Costs in Children Matters Children S Act Section 33 Parental Alienation

Case Brief

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Parties

J.P

Applicant

M.W

Respondent

Procedural Posture

Urgent Application / Final Judgment After Confirmation of Rule Nisi and Hearing on Costs

Legal Issues

  1. 1 Whether the applicant's urgent application to suspend the respondent's contact rights was justified.
  2. 2 Whether the applicant's conduct warranted a punitive costs order.
  3. 3 How the Children's Act and expert reports affect the determination of parental responsibilities and rights.

Ratio Decidendi

The court found that the applicant's urgent application to suspend the respondent's contact rights was not justified by genuine concerns for the children's welfare. Expert reports obtained at the applicant's behest contradicted her allegations and revealed that parental conflict and alienation, rather than the respondent's alleged alcohol abuse, were the true sources of disruption. The applicant failed to follow the prescribed process under section 33 of the Children's Act, which requires parties to attempt to agree on a parenting plan with professional assistance before approaching the court. The court held that the applicant's conduct was vexatious and unreasonable, but not so...

Court Disposition

Application disposed of by agreement except for costs; applicant ordered to pay respondent's costs incurred after confirmation of rule nisi on party and party scale.

Orders

  • A parenting plan is to be implemented by Advocate Dorette van Zyl as parent co-ordinator.
  • Applicant and respondent to attend co-parenting sessions as agreed with Advocate Dorette van Zyl.