Marais and Another v Marrais and Another (73511/2015) [2018] ZAGPPHC 489 (29 June 2018)

Marais and Another v Marrais and Another (73511/2015) [2018] ZAGPPHC 489 (29 June 2018)

The court found that the applicants had made out a case for the relief sought, namely the suspension of the respondents' parental responsibilities and rights and the granting of care and guardianship to the applicants. The only dispute concerned the duration and nature of contact between the respondents and the minor children. Applying the best interests of the child standard, the court determined that supervised contact every alternative Saturday or Sunday from 09h00 to 16h00 was appropriate. The respondents were granted permission to apply for variation of contact rights if good grounds exist. No cost order was made.

Citation
[2018] ZAGPPHC 489
Parties
Applicant: Antoinette Marais; Applicant: Frederick Neetling Marais; Respondent: Jan-Willem Marrais; Respondent: Wendy Weideman
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 June 2018
Case Number
73511/2015
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted in favour of the applicants; care and guardianship of the minor children awarded to the applicants; respondents' parental responsibilities and rights suspended; supervised contact arrangements set; no cost order.
Judges
Senyatsi
Legal Topics
Parental Responsibilities and Rights, Guardianship, Best Interests of Child, Contact Arrangements
Family and Children Parental Responsibilities and Rights Guardianship Best Interests of Child Contact Arrangements

Case Brief

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Parties

Antoinette Marais

Applicant

Frederick Neetling Marais

Applicant

Jan-Willem Marrais

Respondent

Wendy Weideman

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the parental responsibilities and rights of the respondents should be suspended in favour of the applicants.
  2. 2 What contact arrangements are in the best interests of the minor children.
  3. 3 Whether the respondents' counter-claim for extended contact should be granted.

Ratio Decidendi

The court found that the applicants had made out a case for the relief sought, namely the suspension of the respondents' parental responsibilities and rights and the granting of care and guardianship to the applicants. The only dispute concerned the duration and nature of contact between the respondents and the minor children. Applying the best interests of the child standard, the court determined that supervised contact every alternative Saturday or Sunday from 09h00 to 16h00 was appropriate. The respondents were granted permission to apply for variation of contact rights if good grounds exist. No cost order was made.

Court Disposition

Application granted in favour of the applicants; care and guardianship of the minor children awarded to the applicants; respondents' parental responsibilities and rights suspended; supervised contact arrangements set; no cost order.

Orders

  • Care of the minor children granted to the applicants.
  • Guardianship of the minor children granted to the applicants.