O v O (36973/2017) [2017] ZAGPJHC 293 (11 October 2017)

O v O (36973/2017) [2017] ZAGPJHC 293 (11 October 2017)

The court found that the current residence and contact arrangements for the children had been carefully designed with expert input and were serving their best interests. The respondent's unilateral decision to relocate the children without proper consultation or consideration of their welfare was capricious and not justified. Pending a full investigation by the Family Advocate, it would not be in the children's interests to disrupt their stable routine and environment. Therefore, the respondent was prohibited from removing the children from Gauteng without the applicant's consent, and if she chose to relocate, the children would reside with the applicant.

Citation
[2017] ZAGPJHC 293
Parties
Applicant: J O; Respondent: A O
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 October 2017
Case Number
36973/2017
Procedural Posture
Urgent Application / Interim Relief Pending Investigation
Outcome
Application granted. Interim relief ordered to prevent relocation of children pending investigation.
Judges
Fisher
Legal Topics
Child Residence, Relocation of Children, Best Interests of Child, Parental Contact
Family and Children Child Residence Relocation of Children Best Interests of Child Parental Contact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

J O

Applicant

A O

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Investigation

Legal Issues

  1. 1 Whether the respondent may relocate the minor children from Gauteng pending a full investigation into their best interests.
  2. 2 Whether the current contact and residence arrangements should be altered before a Family Advocate's report is obtained.
  3. 3 Whether the respondent's unilateral decision to relocate serves the best interests of the children.

Ratio Decidendi

The court found that the current residence and contact arrangements for the children had been carefully designed with expert input and were serving their best interests. The respondent's unilateral decision to relocate the children without proper consultation or consideration of their welfare was capricious and not justified. Pending a full investigation by the Family Advocate, it would not be in the children's interests to disrupt their stable routine and environment. Therefore, the respondent was prohibited from removing the children from Gauteng without the applicant's consent, and if she chose to relocate, the children would reside with the applicant.

Court Disposition

Application granted. Interim relief ordered to prevent relocation of children pending investigation.

Orders

  • The matter is declared urgent and dealt with as such.
  • The Family Advocate is requested to conduct an investigation and report on the best interests of the children, including residence and contact arrangements, as soon as possible.