V.D.S v W.M (1702/2018)
V.D.S v W.M (1702/2018) [2024] ZAWCHC 295 (16 September 2024)
The court found that the applicant failed to exhaust the internal remedies provided in the Parenting Plan, which require disputes to be resolved first through a Parent Plan Collaborator and then a facilitator before litigation is pursued. The applicant did not provide cogent reasons for bypassing these mechanisms. Furthermore, the applicant did not discharge the onus to prove that the proposed variation to the Parenting Plan would be in the best interests of the children, as their voices and participation were absent from the process. The court emphasized the constitutional and statutory impe…
Source excerpt
- Parenting Plan Variation
- Best Interests Of Child
- Internal Remedies Exhaustion
- Contact Rights
- Medical Expenses Liability