P.S.D v C.G.V and Others (4120/2020) [2021] ZAFSHC 175 (19 August 2021)

P.S.D v C.G.V and Others (4120/2020) [2021] ZAFSHC 175 (19 August 2021)

The court held that the appointment of a psychologist as case manager for a twelve-month period is justified given the fragile relationship between the child and the first respondent and the need for stability and professional facilitation. The mandate of the case manager must be limited to mediation of disputes and monitoring the child's wellbeing, without encroaching on judicial powers reserved for the court, such as altering care or contact arrangements. The court accepted the concessions made by the applicant regarding the exclusion of legal representatives from meetings and the prohibition on the case manager issuing directives affecting parental rights. The order incorporates the...

Citation
[2021] ZAFSHC 175
Parties
Applicant: P.S.D; Respondent: C.G.V; Respondent: Henry Teeton Wickens Tromp; Respondent: Marie Tromp; Respondent: Thomas Moodie Tromp
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 August 2021
Case Number
4120/2020
Procedural Posture
Family and Children Application / Final Order and Reserved Judgment on Mandate of Case Manager
Outcome
Order granted appointing psychologist as case manager for twelve months with limited mandate; previous order remains in force except as amended.
Judges
JP Daffue
Legal Topics
Children S Act, Parenting Coordination, Best Interests of Child, Delegation of Judicial Powers, Case Manager Mandate
Family and Children Children S Act Parenting Coordination Best Interests of Child Delegation of Judicial Powers Case Manager Mandate

Case Brief

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Parties

P.S.D

Applicant

C.G.V

Respondent

Henry Teeton Wickens Tromp

Respondent

Marie Tromp

Respondent

Thomas Moodie Tromp

Respondent

Procedural Posture

Family and Children Application / Final Order and Reserved Judgment on Mandate of Case Manager

Legal Issues

  1. 1 Whether the psychologist appointed as case manager should serve for six or twelve months.
  2. 2 What is the permissible scope of the psychologist's mandate without unlawfully delegating judicial powers.
  3. 3 Whether the draft agreement and mandate comply with the Children's Act and relevant case law on parenting coordinators.

Ratio Decidendi

The court held that the appointment of a psychologist as case manager for a twelve-month period is justified given the fragile relationship between the child and the first respondent and the need for stability and professional facilitation. The mandate of the case manager must be limited to mediation of disputes and monitoring the child's wellbeing, without encroaching on judicial powers reserved for the court, such as altering care or contact arrangements. The court accepted the concessions made by the applicant regarding the exclusion of legal representatives from meetings and the prohibition on the case manager issuing directives affecting parental rights. The order incorporates the...

Court Disposition

Order granted appointing psychologist as case manager for twelve months with limited mandate; previous order remains in force except as amended.

Orders

  • The psychologist appointed under paragraph 4 of the order of 22 July 2021 shall also act as case manager for a period of twelve months from acceptance of appointment and is directed to mediate any dispute arising in the implementation of the order of 22 July 2021.
  • This order is in addition to the order of 22 July 2021, which otherwise remains intact and in full force and effect.