Koekemoer v Du Plessis (23060/2016) [2016] ZAGPJHC 186 (13 July 2016)

Koekemoer v Du Plessis (23060/2016) [2016] ZAGPJHC 186 (13 July 2016)

The court found that the minor child had enjoyed a period of stability living with the applicant and his mother since the end of the previous year, with the respondent's knowledge and consent. The respondent's history of instability, including frequent changes in residence and relationships, weighed against her proposal to retain custody pending the investigation. The urgency of the matter precluded a full resolution of factual disputes, but the court determined that restoring the child's accustomed circumstances was in her best interests. The respondent's request for postponement to obtain legal assistance was accommodated by granting her leave to approach the court again after obtaining...

Citation
[2016] ZAGPJHC 186
Parties
Applicant: Juan Koekemoer; Respondent: Jeanice Du Plessis
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 July 2016
Case Number
23060/2016
Procedural Posture
Urgent Application / Interim Relief Pending Family Advocate Investigation
Outcome
Interim custody and control of the minor child granted to the applicant, subject to reasonable access for the respondent, pending the family advocate's investigation.
Judges
Van der Linde
Legal Topics
Interim Custody, Parental Responsibilities and Rights, Children S Act, Best Interests of Child
Family and Children Interim Custody Parental Responsibilities and Rights Children S Act Best Interests of Child

Case Brief

Summary, issues, holding and outcome

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Parties

Juan Koekemoer

Applicant

Jeanice Du Plessis

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Family Advocate Investigation

Legal Issues

  1. 1 Whether interim custody and control of the minor child should be restored to the applicant pending the family advocate's investigation.
  2. 2 Whether the respondent's request for postponement to obtain legal assistance justifies the child remaining with her in the interim.
  3. 3 What arrangement best serves the best interests of the minor child pending further investigation.

Ratio Decidendi

The court found that the minor child had enjoyed a period of stability living with the applicant and his mother since the end of the previous year, with the respondent's knowledge and consent. The respondent's history of instability, including frequent changes in residence and relationships, weighed against her proposal to retain custody pending the investigation. The urgency of the matter precluded a full resolution of factual disputes, but the court determined that restoring the child's accustomed circumstances was in her best interests. The respondent's request for postponement to obtain legal assistance was accommodated by granting her leave to approach the court again after obtaining...

Court Disposition

Interim custody and control of the minor child granted to the applicant, subject to reasonable access for the respondent, pending the family advocate's investigation.

Orders

  • The family advocate is requested forthwith to investigate the circumstances surrounding the minor child and report to the court on the best arrangement for custody and access.
  • Pending the family advocate's report and any rehearing, interim custody and control of the minor child vests in the applicant, subject to reasonable access for the respondent.