S.I.C v N.M.C (1234/13) [2014] ZAGPPHC 233 (23 April 2014)

Parties

Procedural Posture

Urgent Application / Application for Variation of Interim Custody Order

Legal Issues

1. 1 Whether the applicant is entitled to a variation of the interim custody order to allow increased contact with the minor children.
2. 2 Whether the applicant should be permitted to remove the children from South Africa pending relocation to the United Kingdom.
3. 3 Whether the respondent is entitled to costs for opposing the application.

Ratio Decidendi

The court found that the applicant's relocation to the United Kingdom constituted a material change in circumstances warranting reconsideration of the interim custody arrangement. The Family Advocate's report confirmed that both parties maintained good relationships with the children and recommended expanded contact for the applicant. However, the court was not satisfied that the applicant had made adequate arrangements for the children's accommodation abroad and therefore postponed the application to remove the children from South Africa sine die. The interim order was varied to grant the applicant increased contact within South Africa, including alternate weekends, holidays, and daily...

Court Disposition

Application partially granted; variation of interim custody order allowed for increased contact within South Africa. Application to remove children from South Africa postponed sine die. Applicant ordered to pay costs.

Orders

• The application to remove the children from South Africa is postponed sine die.
• The interim court order dated 17 January 2013 is amended and varied to grant the applicant full parental responsibilities and rights to contact as specified.