JVS v LVS (29720/2020) [2021] ZAGPJHC 458 (3 September 2021)

JVS v LVS (29720/2020) [2021] ZAGPJHC 458 (3 September 2021)

The court found that both parents love their children and have made significant efforts to resolve their disputes, but the applicant's history of alcohol misuse and his lack of insight into its impact on the children remain concerning. The expert reports did not provide definitive findings on overnight contact, and the court was not convinced that the applicant had fully addressed the consequences of his addiction. The court held that the best interests of the children require safeguarding against potential harm, but do not justify indefinite restriction of extended contact. Accordingly, the court appointed a parenting coordinator with broad powers to phase in extended contact, including...

Citation
[2021] ZAGPJHC 458
Parties
Applicant: Mr JVS; Respondent: Ms LVS
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 September 2021
Case Number
29720/2020
Procedural Posture
Family and Children Application / Judgment After Opposed Application and Supplementary Affidavits
Outcome
Application granted in part; parenting coordinator appointed with broad powers to phase in extended and overnight contact subject to conditions.
Judges
F Bezuidenhout
Legal Topics
Parenting Plan, Best Interests of Child, Parenting Coordinator, Substance Abuse, Overnight Contact, Children S Act
Family and Children Parenting Plan Best Interests of Child Parenting Coordinator Substance Abuse Overnight Contact Children S Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mr JVS

Applicant

Ms LVS

Respondent

Procedural Posture

Family and Children Application / Judgment After Opposed Application and Supplementary Affidavits

Legal Issues

  1. 1 Whether the applicant should be granted extended and overnight contact with the minor children.
  2. 2 Whether the applicant's history of alcohol addiction poses a risk to the children's best interests.
  3. 3 Whether the court should make the parenting plan an order of court under section 34 of the Children’s Act.

Ratio Decidendi

The court found that both parents love their children and have made significant efforts to resolve their disputes, but the applicant's history of alcohol misuse and his lack of insight into its impact on the children remain concerning. The expert reports did not provide definitive findings on overnight contact, and the court was not convinced that the applicant had fully addressed the consequences of his addiction. The court held that the best interests of the children require safeguarding against potential harm, but do not justify indefinite restriction of extended contact. Accordingly, the court appointed a parenting coordinator with broad powers to phase in extended contact, including...

Court Disposition

Application granted in part; parenting coordinator appointed with broad powers to phase in extended and overnight contact subject to conditions.

Orders

  • Ms Irma Schutte is appointed as parenting coordinator with immediate effect.
  • The parties shall enter into a contract of engagement with Ms Schutte, amended as required.