Monchusi v Taaibosch (1418/2013) [2013] ZAFSHC 209 (14 November 2013)

Monchusi v Taaibosch (1418/2013) [2013] ZAFSHC 209 (14 November 2013)

At the time the respondent changed the minor child's surname, she was the sole guardian and did not require the applicant's consent under the Births and Deaths Registration Act. Following the agreement and the court's order, both parties now have joint guardianship, meaning any future change to the child's surname requires the consent of both guardians. The applicant's request for an order compelling the respondent to change the surname cannot be granted, as there is no evidence that the respondent refuses to consent to such a change now that joint guardianship has been established. The court therefore grants the orders by agreement regarding parental responsibilities, the parenting plan,...

Citation
[2013] ZAFSHC 209
Parties
Applicant: Eldrid Clayton Monchusi; Respondent: Geronique Taaibosch
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 November 2013
Case Number
1418/2013
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted in part; orders made by agreement regarding parental responsibilities, parenting plan, and joint guardianship; no order regarding change of surname; no cost order.
Judges
L. M. Sesele
Legal Topics
Parental Responsibilities and Rights, Guardianship, Change of Surname, Children S Act, Births and Deaths Registration
Family and Children Parental Responsibilities and Rights Guardianship Change of Surname Children S Act Births and Deaths Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Eldrid Clayton Monchusi

Applicant

Geronique Taaibosch

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant should be declared the biological father and acquire full parental responsibilities and rights in respect of the minor child.
  2. 2 Whether the parenting plan entered into between the parties should be made an order of court.
  3. 3 Whether both parties should be awarded joint guardianship of the minor child.

Ratio Decidendi

At the time the respondent changed the minor child's surname, she was the sole guardian and did not require the applicant's consent under the Births and Deaths Registration Act. Following the agreement and the court's order, both parties now have joint guardianship, meaning any future change to the child's surname requires the consent of both guardians. The applicant's request for an order compelling the respondent to change the surname cannot be granted, as there is no evidence that the respondent refuses to consent to such a change now that joint guardianship has been established. The court therefore grants the orders by agreement regarding parental responsibilities, the parenting plan,...

Court Disposition

Application granted in part; orders made by agreement regarding parental responsibilities, parenting plan, and joint guardianship; no order regarding change of surname; no cost order.

Orders

  • The applicant is declared the biological father and acquires full parental responsibilities and rights in respect of the minor child, C.J.T, in terms of section 21 of the Children’s Act 38 of 2005.
  • The parenting plan marked annexure 'C' entered into by and between the parties on 19 March 2013 is made an order of court in terms of section 33 of the Children’s Act 38 of 2005.