S.L.M v F.R.R.M (2024/117895) [2024] ZAGPJHC 1285 (12 December 2024)

S.L.M v F.R.R.M (2024/117895) [2024] ZAGPJHC 1285 (12 December 2024)

The court found that it could not resolve the conflicting factual versions regarding the circumstances of the mother's relocation to Cape Town and the parties' intentions. There was insufficient evidence to determine whether the best interests of the children would be served by relocating to Cape Town and assuming permanent residence with the mother. Recognizing this, the parties submitted a joint draft order regulating the future conduct of the matter, except for the issue of who should bear the costs of air travel for contact. The court determined that, given the mother's improved financial position, it was appropriate for her to bear the costs of the children's air tickets for contact...

Citation
[2024] ZAGPJHC 1285
Parties
Applicant: SLM; Respondent: FRRM
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 December 2024
Case Number
2024/117895
Procedural Posture
Urgent Application / Application for Variation of Consent Paper Regarding Residence and Contact of Minor Children
Outcome
The draft order regulating the future conduct of the matter, as completed by the court, is made an order of court.
Judges
G Farber
Legal Topics
Variation of Consent Paper, Primary Residence of Children, Best Interests of Child, Parental Rights and Responsibilities, Relocation of Minor Children
Family and Children Variation of Consent Paper Primary Residence of Children Best Interests of Child Parental Rights and Responsibilities Relocation of Minor Children

Case Brief

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Parties

SLM

Applicant

FRRM

Respondent

Procedural Posture

Urgent Application / Application for Variation of Consent Paper Regarding Residence and Contact of Minor Children

Legal Issues

  1. 1 Whether the consent paper should be varied to allow the children to reside with the mother in Cape Town.
  2. 2 Whether the best interests of the children are served by relocating to Cape Town with the mother.
  3. 3 Who should bear the costs of travel for contact between the children and the mother pending final determination.

Ratio Decidendi

The court found that it could not resolve the conflicting factual versions regarding the circumstances of the mother's relocation to Cape Town and the parties' intentions. There was insufficient evidence to determine whether the best interests of the children would be served by relocating to Cape Town and assuming permanent residence with the mother. Recognizing this, the parties submitted a joint draft order regulating the future conduct of the matter, except for the issue of who should bear the costs of air travel for contact. The court determined that, given the mother's improved financial position, it was appropriate for her to bear the costs of the children's air tickets for contact...

Court Disposition

The draft order regulating the future conduct of the matter, as completed by the court, is made an order of court.

Orders

  • The joint draft order initialled and dated by the judge and marked 'X' is made an order of court.
  • The mother is to bear the costs of air tickets for the children to travel between Johannesburg and Cape Town for contact visits until the matter is finally determined.