L: L and Another v V: N (46539/2018) [2021] ZAGPJHC 513 (16 April 2021)

L: L and Another v V: N (46539/2018) [2021] ZAGPJHC 513 (16 April 2021)

The court found that the applicants have provided a secure and stable environment for the minor child and that the second applicant has formed a meaningful parental bond with her. The respondent's opposition was acknowledged as beneficial, as it contributed to crafting an order that secures and encourages his future relationship with the child. The proposed draft order, agreed upon by the parties and supported by the social worker, was found to be in the best interests of the child. Accordingly, the relief sought by the applicants was granted, subject to the agreed access regime for the respondent.

Citation
[2021] ZAGPJHC 513
Parties
Applicant: L: L; Applicant: L: D; Respondent: V: N
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 April 2021
Case Number
46539/2018
Procedural Posture
Family Application / Final Determination
Outcome
Application granted; parental responsibilities and rights assigned to the applicants, respondent's rights to care and guardianship terminated subject to exceptions, and access regime ordered.
Judges
R M Robinson
Legal Topics
Parental Responsibilities and Rights, Termination of Guardianship, Best Interests of Child, Children S Act, Care and Contact
Family and Children Parental Responsibilities and Rights Termination of Guardianship Best Interests of Child Children S Act Care and Contact

Case Brief

Summary, issues, holding and outcome

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Parties

L: L

Applicant

L: D

Applicant

V: N

Respondent

Procedural Posture

Family Application / Final Determination

Legal Issues

  1. 1 Whether the applicants should be granted full parental responsibilities and rights over the minor child.
  2. 2 Whether the respondent's parental rights pertaining to care and guardianship should be terminated, subject to exceptions.
  3. 3 Whether the proposed access regime for the respondent is in the best interests of the child.

Ratio Decidendi

The court found that the applicants have provided a secure and stable environment for the minor child and that the second applicant has formed a meaningful parental bond with her. The respondent's opposition was acknowledged as beneficial, as it contributed to crafting an order that secures and encourages his future relationship with the child. The proposed draft order, agreed upon by the parties and supported by the social worker, was found to be in the best interests of the child. Accordingly, the relief sought by the applicants was granted, subject to the agreed access regime for the respondent.

Court Disposition

Application granted; parental responsibilities and rights assigned to the applicants, respondent's rights to care and guardianship terminated subject to exceptions, and access regime ordered.

Orders

  • Full parental responsibilities and rights pertaining to care, contact, guardianship, and maintenance of the minor child are granted to the applicants.
  • The respondent's parental rights pertaining to care and guardianship are terminated, subject to specified exceptions.