M B v R B (1548/2020) [2020] ZAFSHC 248 (10 September 2020)

M B v R B (1548/2020) [2020] ZAFSHC 248 (10 September 2020)

The application for leave to appeal was dismissed because the matter had become moot following a consent order in the Regional Court, which resolved the dispute regarding the residence and custody of the minor children. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for the appeal to be heard. The court found that the applicant did not make out a case that the best interests of the minor children would be served by granting the relief sought, and the applicant's reliance on Van Tonder v Van Tonder was misplaced. The court emphasized that the best interests of the child are paramount and that the applicant did not challenge the correctness of...

Citation
[2020] ZAFSHC 248
Parties
Applicant: M B; Respondent: R B
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 September 2020
Case Number
1548/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application With Costs.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mhlambi
Legal Topics
Best Interests of Child, Leave to Appeal, Urgent Application, Custody and Residence, Costs Award
Family and Children Civil Procedure Best Interests of Child Leave to Appeal Urgent Application Custody and Residence Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

M B

Applicant

R B

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application With Costs.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the dismissal of the applicant's initial application regarding the residence and custody of minor children.
  2. 2 Whether the appeal has reasonable prospects of success or presents a compelling reason to be heard.
  3. 3 Whether the matter is moot due to a subsequent consent order in the Regional Court.

Ratio Decidendi

The application for leave to appeal was dismissed because the matter had become moot following a consent order in the Regional Court, which resolved the dispute regarding the residence and custody of the minor children. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for the appeal to be heard. The court found that the applicant did not make out a case that the best interests of the minor children would be served by granting the relief sought, and the applicant's reliance on Van Tonder v Van Tonder was misplaced. The court emphasized that the best interests of the child are paramount and that the applicant did not challenge the correctness of...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.