Welgemoed and Another v Potgieter and Others (88660/2019) [2024] ZAGPPHC 13 (2 January 2024)

Welgemoed and Another v Potgieter and Others (88660/2019) [2024] ZAGPPHC 13 (2 January 2024)

The court found that the respondents have repeatedly failed to comply with the existing court order granting contact and parental rights to the applicants, and have obstructed both contact and therapy arrangements to the detriment of the minor children. The respondents' conduct, including attempts to delay proceedings and refusal to cooperate with the curatrix ad litem, was unjustified and contrary to the best interests of the children. The court reaffirmed that the best interests of the minor children are paramount and that compliance with court orders is mandatory. The curatrix ad litem was found to be acting diligently and in good faith, and her discharge was refused. The court ordered...

Citation
[2024] ZAGPPHC 13
Parties
Applicant: Casper Johan Welgemoed; Applicant: Bianca Welgemoed; Respondent: Schalk Jacobus Potgieter; Respondent: Helen Isobel Potgieter; Respondent: Lesego Vilikazi NO; Respondent: ABSA TRUST LTD NO; Respondent: AC Employee Benefits (Pty) Ltd; Respondent: Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 January 2024
Case Number
88660/2019
Procedural Posture
Urgent Application / Interim Application for Enforcement of Contact and Therapy Orders Pending Finalization of Part B.
Outcome
Application granted. Respondents ordered to comply with previous court order and directives of the curatrix ad litem. Costs awarded against respondents on a party and party scale. Curatrix ad litem to remain appointed.
Judges
Holland-Muter
Legal Topics
Guardianship of Minors, Parental Responsibilities and Rights, Children's Act Section 35, Therapy Orders, Enforcement of Court Orders
Family and Children Civil Procedure Guardianship of Minors Parental Responsibilities and Rights Children's Act Section 35 Therapy Orders Enforcement of Court Orders

Case Brief

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Parties

Casper Johan Welgemoed

Applicant

Bianca Welgemoed

Applicant

Schalk Jacobus Potgieter

Respondent

Helen Isobel Potgieter

Respondent

Lesego Vilikazi NO

Respondent

ABSA TRUST LTD NO

Respondent

AC Employee Benefits (Pty) Ltd

Respondent

Master of the High Court

Respondent

Procedural Posture

Urgent Application / Interim Application for Enforcement of Contact and Therapy Orders Pending Finalization of Part B.

Legal Issues

  1. 1 Whether the respondents have failed to comply with the existing court order granting contact and parental rights to the applicants.
  2. 2 Whether the respondents' conduct in obstructing contact and therapy constitutes contempt or warrants further court intervention.
  3. 3 Whether the curatrix ad litem should be discharged as requested by the respondents.

Ratio Decidendi

The court found that the respondents have repeatedly failed to comply with the existing court order granting contact and parental rights to the applicants, and have obstructed both contact and therapy arrangements to the detriment of the minor children. The respondents' conduct, including attempts to delay proceedings and refusal to cooperate with the curatrix ad litem, was unjustified and contrary to the best interests of the children. The court reaffirmed that the best interests of the minor children are paramount and that compliance with court orders is mandatory. The curatrix ad litem was found to be acting diligently and in good faith, and her discharge was refused. The court ordered...

Court Disposition

Application granted. Respondents ordered to comply with previous court order and directives of the curatrix ad litem. Costs awarded against respondents on a party and party scale. Curatrix ad litem to remain appointed.

Orders

  • The First and Second Respondents must comply with prayer 15 of the order granted by Avvakoumedis AJ on 17 March 2020 and any further directives issued by the curatrix ad litem, starting with the new school year.
  • The First and Second Respondents must comply with the directive issued by Janse Van Nieuwenhuizen J as Case Manager on 2 May 2023.