Noqekwa v Noqekwa (2456/2012) [2013] ZAECPEHC 1 (10 January 2013)

Noqekwa v Noqekwa (2456/2012) [2013] ZAECPEHC 1 (10 January 2013)

The court found that the applicant failed to establish any factual basis that the relocation to East London or the children’s enrolment at Merrifield Preparatory School was not in their best interests. The emotional turmoil experienced by the children was reasonably expected given the divorce and relocation, and did not, on its own, justify a psychological assessment or retention of the children in Port Elizabeth. The applicant did not provide evidence that the children could continue at their previous schools or that adequate care arrangements existed in Port Elizabeth. The relief sought would only exacerbate the children’s insecurity and was not supported by the facts. The respondent’s...

Citation
[2013] ZAECPEHC 1
Parties
Applicant: Bantu Raymond Noqekwa; Respondent: Notukela Ethel Noqekwa
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
10 January 2013
Case Number
2456/2012
Procedural Posture
Urgent Application / Application for Interim and Investigative Relief Regarding Minor Children’s Schooling and Residence Post Divorce
Outcome
Application dismissed with costs.
Judges
G Goosen
Legal Topics
Best Interests of Child, Parental Care and Contact, School Enrolment Dispute, Urgent Interim Relief
Family and Children Civil Procedure Best Interests of Child Parental Care and Contact School Enrolment Dispute Urgent Interim Relief

Case Brief

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Parties

Bantu Raymond Noqekwa

Applicant

Notukela Ethel Noqekwa

Respondent

Procedural Posture

Urgent Application / Application for Interim and Investigative Relief Regarding Minor Children’s Schooling and Residence Post Divorce

Legal Issues

  1. 1 Whether the applicant has established sufficient grounds for a psychological assessment to determine if the minor children should be enrolled at Merrifield Preparatory School in East London.
  2. 2 Whether the status quo regarding the children’s residence and schooling should be maintained pending such assessment.
  3. 3 Whether the respondent’s conduct in relocating the children breached the divorce settlement agreement.

Ratio Decidendi

The court found that the applicant failed to establish any factual basis that the relocation to East London or the children’s enrolment at Merrifield Preparatory School was not in their best interests. The emotional turmoil experienced by the children was reasonably expected given the divorce and relocation, and did not, on its own, justify a psychological assessment or retention of the children in Port Elizabeth. The applicant did not provide evidence that the children could continue at their previous schools or that adequate care arrangements existed in Port Elizabeth. The relief sought would only exacerbate the children’s insecurity and was not supported by the facts. The respondent’s...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.