Vos v Muller (3282/2019) [2020] ZAMPMBHC 23 (28 October 2020)

Vos v Muller (3282/2019) [2020] ZAMPMBHC 23 (28 October 2020)

The court found that the applicant's conduct contributed to the estrangement between the respondent and the minor children, and that the children were likely influenced by the applicant in their desire to change their surname. The court emphasized that a change of surname is a major decision with long-term consequences, and that the best interests of the children require an unbiased environment free from parental influence. The court held that it would be inappropriate to grant the application for a surname change while the source of the children's wishes may be rooted in the hostility between the parties. Instead, the court ordered that binding therapy be undertaken to attempt to restore...

Citation
[2020] ZAMPMBHC 23
Parties
Applicant: Ninette Vos; Respondent: Ian Muller
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
28 October 2020
Case Number
3282/2019
Procedural Posture
Family and Children Application / Judgment
Outcome
Application dismissed with costs; counterclaim granted.
Judges
Mashile
Legal Topics
Change of Surname, Best Interests of Child, Parental Rights and Responsibilities, Parental Alienation, Children's Act, Binding Therapy
Family and Children Change of Surname Best Interests of Child Parental Rights and Responsibilities Parental Alienation Children's Act Binding Therapy

Case Brief

Summary, issues, holding and outcome

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Parties

Ninette Vos

Applicant

Ian Muller

Respondent

Procedural Posture

Family and Children Application / Judgment

Legal Issues

  1. 1 Whether it is in the best interests of the minor children to change their surname from Muller to Vos.
  2. 2 Whether the respondent should be afforded an opportunity to restore his relationship with the minor children through binding therapy before any change of surname is permitted.
  3. 3 Whether the applicant's conduct constitutes parental alienation.

Ratio Decidendi

The court found that the applicant's conduct contributed to the estrangement between the respondent and the minor children, and that the children were likely influenced by the applicant in their desire to change their surname. The court emphasized that a change of surname is a major decision with long-term consequences, and that the best interests of the children require an unbiased environment free from parental influence. The court held that it would be inappropriate to grant the application for a surname change while the source of the children's wishes may be rooted in the hostility between the parties. Instead, the court ordered that binding therapy be undertaken to attempt to restore...

Court Disposition

Application dismissed with costs; counterclaim granted.

Orders

  • The application is dismissed with costs.
  • The respondent and the minor children are to commence attendance of binding therapy conducted by Dr Du Toit or any other expert with similar expertise in Mbombela within 60 days of this order.