S v S (98/25249) [1999] ZAGPHC 8 (17 June 1999)

S v S (98/25249) [1999] ZAGPHC 8 (17 June 1999)

The court found that the application for committal of the respondent to prison should be postponed sine die, as the circumstances did not warrant immediate incarceration. The access order previously granted was varied to provide the applicant (father) with regular access to the minor child on alternating weekends and Wednesday afternoons. The issue of suspending access during the respondent's proposed visit to the United States was postponed to the urgent roll, allowing the parties an opportunity to reach agreement on the terms and conditions of such suspension and travel. Costs were reserved pending further developments.

Citation
[1999] ZAGPHC 8
Parties
Applicant: S. A S; Respondent: S. A
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
17 June 1999
Case Number
98/25249
Procedural Posture
Urgent Application / Order on Variation of Access and Postponement of Committal Application
Outcome
Application for committal postponed sine die; access order varied; issue of suspension of access during overseas travel postponed; costs reserved.
Judges
Willis
Legal Topics
Variation of Access Order, Committal Application, Parental Rights, International Travel With Minor
Family and Children Variation of Access Order Committal Application Parental Rights International Travel With Minor

Case Brief

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Parties

S. A S

Applicant

S. A

Respondent

Procedural Posture

Urgent Application / Order on Variation of Access and Postponement of Committal Application

Legal Issues

  1. 1 Whether the respondent should be committed to prison for contempt of court.
  2. 2 Whether the access order granted on 26 January 1999 should be varied.
  3. 3 How access arrangements should be managed during the respondent's proposed visit to the United States of America.

Ratio Decidendi

The court found that the application for committal of the respondent to prison should be postponed sine die, as the circumstances did not warrant immediate incarceration. The access order previously granted was varied to provide the applicant (father) with regular access to the minor child on alternating weekends and Wednesday afternoons. The issue of suspending access during the respondent's proposed visit to the United States was postponed to the urgent roll, allowing the parties an opportunity to reach agreement on the terms and conditions of such suspension and travel. Costs were reserved pending further developments.

Court Disposition

Application for committal postponed sine die; access order varied; issue of suspension of access during overseas travel postponed; costs reserved.

Orders

  • The application for the committal of the respondent to prison is postponed sine die.
  • The access order granted by Malan J on 26 January 1999 is varied to provide the applicant (father) access to the minor child every weekend alternating on Saturday or Sunday from 09:00 to 17:00, and every Wednesday afternoon from 17:00 to 19:30.