L v L (7168/09) [2009] ZAKZPHC 55 (21 September 2009)

L v L (7168/09) [2009] ZAKZPHC 55 (21 September 2009)

The court found no compelling reason why extended contact, including overnight stays in Durban, would be harmful to the minor child. The applicant's request to take the child to Underberg was denied due to the child's tender age and the distance involved. The court held that fostering the relationship between the applicant and the child was in the child's best interests and that overnight contact should be permitted in Durban. The court also found no reason to restrict weekday contact to the respondent's proposal and allowed for extended contact as sought by the applicant.

Citation
[2009] ZAKZPHC 55
Parties
Applicant: R A L; Respondent: CA D L
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
21 September 2009
Case Number
7168/09
Procedural Posture
Variation Application / Application for Variation of Contact Order
Outcome
Application granted in part; contact arrangements varied as set out in the order.
Judges
M Govindasamy
Legal Topics
Variation of Contact Order, Child Custody, Overnight Access, Best Interests of Child
Family and Children Variation of Contact Order Child Custody Overnight Access Best Interests of Child

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

R A L

Applicant

CA D L

Respondent

Procedural Posture

Variation Application / Application for Variation of Contact Order

Legal Issues

  1. 1 Whether the applicant should be granted overnight contact with the minor child.
  2. 2 Whether the contact should be exercised in Durban or Underberg.
  3. 3 Whether the applicant should have extended weekday contact with the minor child.

Ratio Decidendi

The court found no compelling reason why extended contact, including overnight stays in Durban, would be harmful to the minor child. The applicant's request to take the child to Underberg was denied due to the child's tender age and the distance involved. The court held that fostering the relationship between the applicant and the child was in the child's best interests and that overnight contact should be permitted in Durban. The court also found no reason to restrict weekday contact to the respondent's proposal and allowed for extended contact as sought by the applicant.

Court Disposition

Application granted in part; contact arrangements varied as set out in the order.

Orders

  • Paragraph 2.2 of the order dated 16 October 2008 is varied to allow the applicant contact with the minor child in Durban every alternate weekend from 15h00 on Saturday until 16h00 on Sunday.
  • Paragraph 3 of the order is varied to allow the applicant, or his sister, to collect and return the child from and to the respondent's residence at the stipulated times.