C.B v K.E.B (4625/2021)
C.B v K.E.B (4625/2021) [2023] ZAGPPHC 2053 (29 December 2023)
The court found that the urgency regarding the appointment of a forensic expert was self-created, as the applicant had long been aware of the child's distress but failed to act promptly. The Rule 43 application already addressed issues of access, custody, and expert appointment, providing an alternative remedy. However, the dispute over school enrolment was urgent because the child risked losing her place for the upcoming academic year if the deadlock persisted. The court exercised its discretion as upper guardian, prioritizing the child's best interests over parental convenience. It determin…
Source excerpt
- School Enrolment Dispute
- Best Interests Of Child
- Parental Responsibilities And Rights
- Children Act Section 18
- Urgency Rule 6 12
- Custody And Contact