L.B v W.B (5393/2019) [2020] ZAFSHC 90 (7 April 2020)

L.B v W.B (5393/2019) [2020] ZAFSHC 90 (7 April 2020)

The court found that the Family Advocate's report, while informative, contained shortcomings in its investigation and recommendations regarding the minor child's care, contact, and residency. The report failed to adequately address parental conflict, the respondent's controlling behaviour, and the involvement of extended family members. The court held that the best interests of the minor child require a thorough and independent evaluation by a registered psychologist and a forensic social worker, whose findings should inform future arrangements. The appointment of a mediator was deemed necessary to resolve ongoing parental conflict and facilitate co-parenting. Both parties were ordered to...

Citation
[2020] ZAFSHC 90
Parties
Applicant: L B; Respondent: W B
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 April 2020
Case Number
5393/2019
Procedural Posture
Urgent Application / Application for Appointment of Independent Psychologist and Mediator Prior to Divorce Proceedings
Outcome
Application granted. Independent psychologist and forensic social worker appointed to investigate and report on the minor child's best interests; mediator appointed to facilitate conflict resolution; costs awarded against respondent.
Judges
I Van Rhyn
Legal Topics
Children S Act, Best Interests of Child, Parenting Plan, Expert Evidence, Mediation, Parental Conflict
Family and Children Children S Act Best Interests of Child Parenting Plan Expert Evidence Mediation Parental Conflict

Case Brief

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Parties

L B

Applicant

W B

Respondent

Procedural Posture

Urgent Application / Application for Appointment of Independent Psychologist and Mediator Prior to Divorce Proceedings

Legal Issues

  1. 1 Whether the appointment of an independent psychologist and mediator is necessary to determine the best interests of the minor child.
  2. 2 Whether the Family Advocate's report is sufficient and unbiased in addressing the care, contact, and residency arrangements for the minor child.
  3. 3 How parental conflict and the involvement of extended family affect the welfare and psychological functioning of the minor child.

Ratio Decidendi

The court found that the Family Advocate's report, while informative, contained shortcomings in its investigation and recommendations regarding the minor child's care, contact, and residency. The report failed to adequately address parental conflict, the respondent's controlling behaviour, and the involvement of extended family members. The court held that the best interests of the minor child require a thorough and independent evaluation by a registered psychologist and a forensic social worker, whose findings should inform future arrangements. The appointment of a mediator was deemed necessary to resolve ongoing parental conflict and facilitate co-parenting. Both parties were ordered to...

Court Disposition

Application granted. Independent psychologist and forensic social worker appointed to investigate and report on the minor child's best interests; mediator appointed to facilitate conflict resolution; costs awarded against respondent.

Orders

  • Dr Stephen Walker (psychologist) and Me Heidi Joubert (forensic social worker) are authorized to investigate and evaluate care, contact, and residency arrangements for the minor child, including her psychological functioning and welfare.
  • Dr Walker and Me Joubert must compile a combined or separate report(s) with findings and recommendations, to be made available to Advocate Dorette van Zyl (mediator).