South Africa Case Law

M v P (1917/2018)

M v P (1917/2018) [2019] ZAGPJHC 19 (1 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

1917/2018

Judge

Van der Linde

The court held that the respondent, as the primary caregiver, is entitled to decide where to live with the minor child, provided the decision is bona fide and reasonable, and not intended to frustrate the applicant's parental rights. The relocation to the Western Cape was found to be rational, motivated by the respondent's marriage and her husband's business opportunity, and not a deliberate attempt to curtail the applicant's access. The court accepted the expert report that the child's best interests would be served by remaining with the respondent, with access to the applicant every second…

Source excerpt

• Relocation Of Primary Caregiver
• Parental Responsibilities And Rights
• Best Interests Of Child
• Access And Contact
• Children S Act
• Costs In Family Law

Hendricks v Thomson (34519/2008)

Hendricks v Thomson (34519/2008) [2008] ZAGPHC 276 (2 September 2008)

Court

High Courts - Gauteng

Case number

34519/2008

Judge

P.Z. Ebersohn

Interim custody, access, and health-care orders were made for a child with diabetes, pending final determination, with urgent mediation ordered.

• Primary Care And Residence
• Child Health And Welfare
• Interim Relief
• Access And Contact
• Mediation
• Counterclaims