Loock v Loock (827/2008) [2008] ZAECHC 196 (18 November 2008)

Loock v Loock (827/2008) [2008] ZAECHC 196 (18 November 2008)

The court found that the circumstances of the minor children had materially changed since the original custody order, with the children now residing primarily with the applicant in Port Elizabeth by agreement of all parties. The Family Advocate's report confirmed that the proposed variation was in the best interests of the children and accorded with their wishes. The court accepted the draft order agreed upon by counsel, regularizing the status quo and providing for future contact with the respondent. Regarding costs, the court held that while initial opposition was understandable given the acrimony and allegations, the respondent's continued opposition after the Family Advocate's report...

Citation
[2008] ZAECHC 196
Parties
Applicant: Carl Wilhelm Loock; Respondent: Emlitia Loock
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
18 November 2008
Case Number
827/2008
Procedural Posture
Urgent Application / Application for Variation of Custody Order
Outcome
Application for variation of custody order granted by consent; costs partially awarded against respondent.
Judges
Jones
Legal Topics
Variation of Custody Order, Primary Caregiver Appointment, Parental Contact, Costs Award
Family and Children Variation of Custody Order Primary Caregiver Appointment Parental Contact Costs Award

Case Brief

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Parties

Carl Wilhelm Loock

Applicant

Emlitia Loock

Respondent

Procedural Posture

Urgent Application / Application for Variation of Custody Order

Legal Issues

  1. 1 Whether the existing custody order should be varied to reflect the changed circumstances of the minor children.
  2. 2 Who should be appointed as the primary caregiver of the children.
  3. 3 How parental contact should be regulated going forward.

Ratio Decidendi

The court found that the circumstances of the minor children had materially changed since the original custody order, with the children now residing primarily with the applicant in Port Elizabeth by agreement of all parties. The Family Advocate's report confirmed that the proposed variation was in the best interests of the children and accorded with their wishes. The court accepted the draft order agreed upon by counsel, regularizing the status quo and providing for future contact with the respondent. Regarding costs, the court held that while initial opposition was understandable given the acrimony and allegations, the respondent's continued opposition after the Family Advocate's report...

Court Disposition

Application for variation of custody order granted by consent; costs partially awarded against respondent.

Orders

  • The draft order attached to the judgment, as amended by the deletion of paragraph (iv) relating to costs, is made an order of court.
  • The respondent is ordered to pay the applicant's party and party costs of the hearing on 13 November 2008 on an opposed basis.