T.V v Z.L.V (2024/047424) [2025] ZAGPJHC 666 (5 June 2025)

T.V v Z.L.V (2024/047424) [2025] ZAGPJHC 666 (5 June 2025)

The court found that the respondent, despite being an attorney and officer of the court, wilfully and mala fide breached the parenting plan made an order of court by frustrating the applicant's contact rights, unlawfully taking the children abroad without proper notice, and denying contact on the child's birthday....

Source-derived case information.

Citation
[2025] ZAGPJHC 666
Parties
Applicant: TV; Respondent: ZLV
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 June 2025
Case Number
2024/047424
Procedural Posture
Contempt Application / Final Judgment
Outcome
The respondent is declared in contempt of court for breaching the parenting plan and court order. A suspended sentence of imprisonment is imposed, subject to further submissions on sanction. Costs awarded against the respondent on a punitive scale.
Judges
Franck
Legal Topics
Parenting Plan, Contempt of Court, Breach of Contact Rights, Perjury, Punitive Costs
Family and Children Civil Procedure Parenting Plan Contempt of Court Breach of Contact Rights Perjury Punitive Costs

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Parties

TV

Applicant

ZLV

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent breached the court-ordered parenting plan by frustrating the applicant's contact rights.
  2. 2 Whether the respondent unlawfully took the minor children abroad without proper notice and consent.
  3. 3 Whether the respondent denied the applicant contact with his daughter on her birthday.

Ratio Decidendi

The court found that the respondent, despite being an attorney and officer of the court, wilfully and mala fide breached the parenting plan made an order of court by frustrating the applicant's contact rights, unlawfully taking the children abroad without proper notice, and denying contact on the child's birthday. The respondent's denials were contradicted by travel records obtained under subpoena, and her conduct constituted both contempt of court and perjury. The respondent failed to discharge her evidential burden regarding wilfulness and mala fides. The court held that a punitive sanction was warranted, imposing a suspended sentence of imprisonment and referring the matter to the...

Court Disposition

The respondent is declared in contempt of court for breaching the parenting plan and court order. A suspended sentence of imprisonment is imposed, subject to further submissions on sanction. Costs awarded against the respondent on a punitive scale.

Orders

  • The respondent is found to be in contempt of the order of the Randburg Children’s Court made on 18 October 2018 under case number 14/1/4/2-276/2023.
  • The respondent is ordered to comply with the provisions of the parenting plan incorporated in the court order regarding care and contact with the minor children.