S.F.J v N.C.J (3628/2014) [2017] ZAECPEHC 10 (9 February 2017)

S.F.J v N.C.J (3628/2014) [2017] ZAECPEHC 10 (9 February 2017)

The court held that, in the absence of an updated Family Advocate report and with the divorce proceedings set down for imminent hearing, it would not be in the best interests of the minor children to alter their current custodial arrangements. The status quo should be maintained until the divorce court is properly equipped with all necessary expert reports to make a final determination. The application for interim relief was therefore postponed sine die, with no order as to costs, to allow for the proper consideration of the children's best interests and the filing of the Family Advocate's report.

Citation
[2017] ZAECPEHC 10
Parties
Applicant: S. F. J.; Respondent: N. C. J.
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
9 February 2017
Case Number
3628/2014
Procedural Posture
Urgent Application / Interim Application Pending Divorce Proceedings
Outcome
Application postponed sine die; no order as to costs.
Judges
P.W. Tshiki
Legal Topics
Custody of Minor Children, Interim Interdict, Best Interests of Child, Family Advocate Report
Family and Children Civil Procedure Custody of Minor Children Interim Interdict Best Interests of Child Family Advocate Report

Case Brief

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Parties

S. F. J.

Applicant

N. C. J.

Respondent

Procedural Posture

Urgent Application / Interim Application Pending Divorce Proceedings

Legal Issues

  1. 1 Whether the minor children should remain in the care of the applicant pending finalisation of the divorce proceedings.
  2. 2 Whether the respondent should have only supervised contact with the children until the divorce is finalised.
  3. 3 Whether the application should be postponed pending the Family Advocate's updated report.

Ratio Decidendi

The court held that, in the absence of an updated Family Advocate report and with the divorce proceedings set down for imminent hearing, it would not be in the best interests of the minor children to alter their current custodial arrangements. The status quo should be maintained until the divorce court is properly equipped with all necessary expert reports to make a final determination. The application for interim relief was therefore postponed sine die, with no order as to costs, to allow for the proper consideration of the children's best interests and the filing of the Family Advocate's report.

Court Disposition

Application postponed sine die; no order as to costs.

Orders

  • The application is postponed sine die.
  • There is no order as to costs.