S.V.D.B. v H.E.V.D.B (2024/067811) [2025] ZAGPJHC 695 (16 July 2025)

S.V.D.B. v H.E.V.D.B (2024/067811) [2025] ZAGPJHC 695 (16 July 2025)

The court found that leave to appeal should be granted only in respect of the order permitting the respondent to relocate with the children to Cape Town, as the full court had determined that this order was final in effect and therefore appealable. The orders regarding contact and contribution toward costs were found to be interim and not final, as the final determination of care and contact will be made by the divorce court after the forensic report is completed. The procedure adopted for awarding contribution toward costs was based on objective facts and the protracted nature of the litigation, and the amount awarded was reasonable in the circumstances. The court reiterated that interim...

Citation
[2025] ZAGPJHC 695
Parties
Applicant: V[…] D[…] B[…], S[…]; Respondent: V[..] D[…] B[…], H[…] E[…]
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 July 2025
Case Number
2024/067811
Procedural Posture
Urgent Application / Leave to Appeal and Interim Relief Under Rule 43(6) and Rule 6
Outcome
Leave to appeal is granted only in respect of the order permitting relocation; leave to appeal regarding contact and contribution toward costs is refused.
Judges
Mahomed
Legal Topics
Primary Residence, Relocation of Children, Interim Interdict, Contribution Toward Costs, Rule 43 Applications
Family and Children Civil Procedure Primary Residence Relocation of Children Interim Interdict Contribution Toward Costs Rule 43 Applications

Case Brief

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Parties

V[…] D[…] B[…], S[…]

Applicant

V[..] D[…] B[…], H[…] E[…]

Respondent

Procedural Posture

Urgent Application / Leave to Appeal and Interim Relief Under Rule 43(6) and Rule 6

Legal Issues

  1. 1 Whether leave to appeal should be granted regarding the order permitting the respondent to relocate with the children to Cape Town.
  2. 2 Whether the orders regarding contact and contribution toward costs are final and appealable.
  3. 3 Whether the procedure adopted in awarding contribution toward costs was fair.

Ratio Decidendi

The court found that leave to appeal should be granted only in respect of the order permitting the respondent to relocate with the children to Cape Town, as the full court had determined that this order was final in effect and therefore appealable. The orders regarding contact and contribution toward costs were found to be interim and not final, as the final determination of care and contact will be made by the divorce court after the forensic report is completed. The procedure adopted for awarding contribution toward costs was based on objective facts and the protracted nature of the litigation, and the amount awarded was reasonable in the circumstances. The court reiterated that interim...

Court Disposition

Leave to appeal is granted only in respect of the order permitting relocation; leave to appeal regarding contact and contribution toward costs is refused.

Orders

  • Leave to appeal of prayers 3 of the order of 20 March 2025 is granted to the Full Court of this Division.
  • Leave to appeal regarding contact and a contribution to costs is refused.