N.E.W v N.W (2019/7644) [2023] ZAGPJHC 1435 (7 November 2023)

N.E.W v N.W (2019/7644) [2023] ZAGPJHC 1435 (7 November 2023)

The court found that the applicant demonstrated a material change in circumstances since the original Rule 43 order, moving from limited supervised contact to regular weekend sleepovers and increased involvement with the minor children. The Parenting Coordinator, Dr Roux, supported the relief sought and clarified that her role and authority would not be undermined by the proposed order. The court determined that the best interests of the children would be served by formalizing the current arrangement and granting the applicant reasonable contact, as recommended by the Parenting Coordinator. The respondent's objections regarding procedural compliance and the non-joinder of the Parenting...

Citation
[2023] ZAGPJHC 1435
Parties
Applicant: N.E.W; Respondent: N.W
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 November 2023
Case Number
2019/7644
Procedural Posture
Urgent Application / Rule 43(6) Application to Set Aside and Vary Interim Order
Outcome
Application granted; previous Rule 43 order set aside and new parental rights and contact arrangements ordered.
Judges
Francis
Legal Topics
Parental Rights and Responsibilities, Variation of Interim Orders, Parenting Coordination, Best Interests of Child, Children S Act, Rule 43 Applications
Family and Children Civil Procedure Parental Rights and Responsibilities Variation of Interim Orders Parenting Coordination Best Interests of Child Children S Act Rule 43 Applications

Case Brief

Summary, issues, holding and outcome

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Parties

N.E.W

Applicant

N.W

Respondent

Procedural Posture

Urgent Application / Rule 43(6) Application to Set Aside and Vary Interim Order

Legal Issues

  1. 1 Whether there has been a material change in circumstances justifying the setting aside of the existing Rule 43 order.
  2. 2 Whether the applicant complied with the Parenting Coordinator agreement before launching the application.
  3. 3 Whether the relief sought undermines the authority and function of the Parenting Coordinator.

Ratio Decidendi

The court found that the applicant demonstrated a material change in circumstances since the original Rule 43 order, moving from limited supervised contact to regular weekend sleepovers and increased involvement with the minor children. The Parenting Coordinator, Dr Roux, supported the relief sought and clarified that her role and authority would not be undermined by the proposed order. The court determined that the best interests of the children would be served by formalizing the current arrangement and granting the applicant reasonable contact, as recommended by the Parenting Coordinator. The respondent's objections regarding procedural compliance and the non-joinder of the Parenting...

Court Disposition

Application granted; previous Rule 43 order set aside and new parental rights and contact arrangements ordered.

Orders

  • The Rule 43 order of 11 July 2019 is set aside.
  • Both applicant and respondent shall have parental rights and responsibilities in respect of the minor children as envisaged by section 18 of the Children’s Act 38 of 2005, including care, maintenance, contact, co-guardianship, and contribution to maintenance.