L.V.A v J.V.A (1747/2023) [2023] ZAFSHC 196 (28 April 2023)

L.V.A v J.V.A (1747/2023) [2023] ZAFSHC 196 (28 April 2023)

The court found that the applicant's decision to relocate was bona fide and reasonable, motivated by her changed personal circumstances and the child's expressed wishes. The evidence showed that the child struggled emotionally at the boarding house and desired to be with the applicant. The applicant had carefully considered alternative educational options in Upington, including specialized home schooling. The court held that the best interests of the child required flexibility and adaptation to changed circumstances, and that maintaining the status quo was no longer desirable. The applicant was granted leave to relocate with the child and enroll her in a home schooling program, subject to...

Citation
[2023] ZAFSHC 196
Parties
Applicant: L[...] E[...] V[...] A[...]; Respondent: J[...] P[...] V[...] A[...]
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 April 2023
Case Number
1747/2023
Procedural Posture
Urgent Application / Interim Relief Pending Investigation by Family Advocate
Outcome
Interim relief granted: applicant permitted to relocate with the minor child to Upington and enroll her in home schooling, subject to respondent's contact rights and pending investigation by the Family Advocate.
Judges
Van Rhyn
Legal Topics
Child Relocation, Best Interests of Child, Home Schooling, Custody and Access
Family and Children Child Relocation Best Interests of Child Home Schooling Custody and Access

Case Brief

Summary, issues, holding and outcome

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Parties

L[...] E[...] V[...] A[...]

Applicant

J[...] P[...] V[...] A[...]

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Investigation by Family Advocate

Legal Issues

  1. 1 Whether the applicant should be granted leave to relocate the minor child from Bloemfontein to Upington.
  2. 2 Whether the applicant should be permitted to enroll the child in a home schooling program.
  3. 3 Whether the respondent's request to maintain the status quo pending investigation by the Family Advocate should be granted.

Ratio Decidendi

The court found that the applicant's decision to relocate was bona fide and reasonable, motivated by her changed personal circumstances and the child's expressed wishes. The evidence showed that the child struggled emotionally at the boarding house and desired to be with the applicant. The applicant had carefully considered alternative educational options in Upington, including specialized home schooling. The court held that the best interests of the child required flexibility and adaptation to changed circumstances, and that maintaining the status quo was no longer desirable. The applicant was granted leave to relocate with the child and enroll her in a home schooling program, subject to...

Court Disposition

Interim relief granted: applicant permitted to relocate with the minor child to Upington and enroll her in home schooling, subject to respondent's contact rights and pending investigation by the Family Advocate.

Orders

  • Condonation granted for urgent hearing and non-compliance with rules.
  • Applicant granted leave to relocate the minor child to Upington, Northern Cape Province.