Precious v Dove (12979/2008) [2008] ZAWCHC 246 (15 August 2008)

Precious v Dove (12979/2008) [2008] ZAWCHC 246 (15 August 2008)

The court found that both parties had failed to make adequate arrangements for the child's access to her father, Ghanna Dolve, and that the child has a right to see her father, especially given his fragile medical condition. However, the applicant did not establish a sufficient case for her own right to visit Ghanna Dolve. The court determined that the frequency and duration of the child's visits should be decided by the medical practitioner attending to Ghanna Dolve, Dr Bernard Zain Grevler. The order was limited to granting the child access to her father at reasonable times as determined by the medical practitioner, and each party was ordered to pay their own costs.

Citation
[2008] ZAWCHC 246
Parties
Applicant: Sihle Precious; Respondent: Shela Dolve
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 August 2008
Case Number
12979/2008
Procedural Posture
Urgent Application / First Instance
Outcome
Partially granted: child access to father ordered; applicant's personal access denied; each party to pay own costs.
Judges
Allie
Legal Topics
Child Access, Best Interests of Child, Parental Rights, Medical Supervision of Access
Family and Children Child Access Best Interests of Child Parental Rights Medical Supervision of Access

Case Brief

Summary, issues, holding and outcome

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Parties

Sihle Precious

Applicant

Shela Dolve

Respondent

Procedural Posture

Urgent Application / First Instance

Legal Issues

  1. 1 Whether the minor child should be granted access to her biological father, Ghanna Dolve.
  2. 2 Whether the applicant should be granted the right to visit Ghanna Dolve herself.
  3. 3 Who should determine the frequency and duration of the child's visits to her father.

Ratio Decidendi

The court found that both parties had failed to make adequate arrangements for the child's access to her father, Ghanna Dolve, and that the child has a right to see her father, especially given his fragile medical condition. However, the applicant did not establish a sufficient case for her own right to visit Ghanna Dolve. The court determined that the frequency and duration of the child's visits should be decided by the medical practitioner attending to Ghanna Dolve, Dr Bernard Zain Grevler. The order was limited to granting the child access to her father at reasonable times as determined by the medical practitioner, and each party was ordered to pay their own costs.

Court Disposition

Partially granted: child access to father ordered; applicant's personal access denied; each party to pay own costs.

Orders

  • The respondent is ordered to allow the minor child, Sitzanzele Sonya Dolve, the right to visit her biological father, Ghanna Dolve, during all reasonable times as determined by Dr Bernard Zain Grevler, the medical practitioner attending to Ghanna Dolve.
  • Each party is ordered to pay their own costs in this matter.