M.A.D.T v M.D.T (2023/132917) [2024] ZAGPJHC 1080 (25 September 2024)

M.A.D.T v M.D.T (2023/132917) [2024] ZAGPJHC 1080 (25 September 2024)

The court found that the applicant, as a person with parental responsibilities and rights, is entitled to seek amendment of the settlement agreement made an order of court. However, there is insufficient evidence to suggest that the respondent cannot provide a stable and nurturing environment for the younger child, MJ, who enjoys a strong bond with both parents and is content with the current arrangement. The older child, M, has expressed a clear preference to reside with the applicant, and at her age and maturity, her wishes are considered reasoned and relevant. The parties have already adjusted the custody arrangement informally, and it is workable. The court held that the best...

Citation
[2024] ZAGPJHC 1080
Parties
Applicant: M.A.D.T; Respondent: M.D.T
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 September 2024
Case Number
2023/132917
Procedural Posture
Urgent Application / Interim Relief and Directions Pending Forensic Investigation
Outcome
Interim primary residence of the older minor child is awarded to the applicant; custody and contact of the younger child remain unchanged; forensic investigation ordered; costs awarded against the respondent.
Judges
Poswa-Lerotholi
Legal Topics
Parental Responsibilities and Rights, Best Interests of Child, Custody Variation, Children's Act Section 22, Forensic Psychological Investigation
Family and Children Parental Responsibilities and Rights Best Interests of Child Custody Variation Children's Act Section 22 Forensic Psychological Investigation

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Parties

M.A.D.T

Applicant

M.D.T

Respondent

Procedural Posture

Urgent Application / Interim Relief and Directions Pending Forensic Investigation

Legal Issues

  1. 1 Should the shared custody arrangement be suspended pending the outcome of a forensic psychologist's investigation?
  2. 2 Is it in the best interests of the minor children to vary the settlement agreement regarding primary residence and contact?
  3. 3 Does the applicant meet the statutory requirements to seek amendment of the parental responsibilities and rights agreement made an order of court?

Ratio Decidendi

The court found that the applicant, as a person with parental responsibilities and rights, is entitled to seek amendment of the settlement agreement made an order of court. However, there is insufficient evidence to suggest that the respondent cannot provide a stable and nurturing environment for the younger child, MJ, who enjoys a strong bond with both parents and is content with the current arrangement. The older child, M, has expressed a clear preference to reside with the applicant, and at her age and maturity, her wishes are considered reasoned and relevant. The parties have already adjusted the custody arrangement informally, and it is workable. The court held that the best...

Court Disposition

Interim primary residence of the older minor child is awarded to the applicant; custody and contact of the younger child remain unchanged; forensic investigation ordered; costs awarded against the respondent.

Orders

  • The Chair of the Gauteng Family Law Forum is requested to recommend and provide the names of three psychologists with at least 15 years of forensic experience for appointment.
  • If the parties cannot agree on a psychologist, the one with the most cost-effective quotation will be appointed.