S.A.S v J.M.S (32681/2022) [2022] ZAGPPHC 718 (20 September 2022)

S.A.S v J.M.S (32681/2022) [2022] ZAGPPHC 718 (20 September 2022)

Given the serious allegations of abuse and the acrimonious relationship between the parties, the court found that the appointment of a curator ad litem is necessary to safeguard the best interests of the minor children. The urgency of the matter is justified by the potential impact on the children and the unresolved disputes between the parents. The curator ad litem is empowered to investigate, represent the children in legal matters, issue interim directives, refer the children and parties for therapy or assessment, and compile a report with recommendations regarding parental rights and responsibilities. The costs of the curator and any experts appointed are to be shared equally by both...

Citation
[2022] ZAGPPHC 718
Parties
Applicant: S.A.S; Respondent: J.M.S
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 September 2022
Case Number
32681/2022
Procedural Posture
Urgent Application / Opposed Urgent Application for Appointment of Curator Ad Litem
Outcome
Application granted: Curator ad litem appointed for the minor children with specified powers; costs to be shared equally by both parties; no order as to costs of the application.
Judges
Nyathi
Legal Topics
Curator Ad Litem Appointment, Best Interests of Child, Parental Rights and Responsibilities, Supervised Contact, Urgent Interim Relief
Family and Children Curator Ad Litem Appointment Best Interests of Child Parental Rights and Responsibilities Supervised Contact Urgent Interim Relief

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Parties

S.A.S

Applicant

J.M.S

Respondent

Procedural Posture

Urgent Application / Opposed Urgent Application for Appointment of Curator Ad Litem

Legal Issues

  1. 1 Whether the appointment of a curator ad litem for the minor children is warranted in light of allegations of abuse and acrimony between the parties.
  2. 2 Whether the application is urgent and justified given the circumstances.
  3. 3 How the best interests of the minor children are to be protected pending further investigation.

Ratio Decidendi

Given the serious allegations of abuse and the acrimonious relationship between the parties, the court found that the appointment of a curator ad litem is necessary to safeguard the best interests of the minor children. The urgency of the matter is justified by the potential impact on the children and the unresolved disputes between the parents. The curator ad litem is empowered to investigate, represent the children in legal matters, issue interim directives, refer the children and parties for therapy or assessment, and compile a report with recommendations regarding parental rights and responsibilities. The costs of the curator and any experts appointed are to be shared equally by both...

Court Disposition

Application granted: Curator ad litem appointed for the minor children with specified powers; costs to be shared equally by both parties; no order as to costs of the application.

Orders

  • Adv. Marius Snyman SC is appointed as curator ad litem for the minor children, J.D.S and S.S.
  • The curator ad litem shall investigate the matter and report to the court.