South Africa Case Law

Pennello v Pennello and Another (238/2003)

Pennello v Pennello and Another (238/2003) [2003] ZASCA 147; [2004] 1 All SA 32 (SCA); 2004 (3) BCLR 243 (SCA); 2004 (3) SA 117 (SCA) (1 December 2003)

Court

Supreme Court of Appeal

Case number

238/2003

Judges

Mpati DP, Farlam JA, Brand JA, Lewis JA, Van Heerden AJA

The Supreme Court of Appeal held that the respondent failed to discharge the onus of proving a grave risk of physical or psychological harm to the child under Article 13(b) of the Hague Convention. The evidence presented, including allegations of domestic violence and financial hardship, did not meet the high threshold required for the exception. The Court found that the protective undertakings and conditions offered by the appellant, as incorporated into the order, were sufficient to safeguard the child's interests pending final adjudication of custody in New Jersey. The Full Court erred in…

Source excerpt

• International Child Abduction
• Hague Convention
• Grave Risk Exception
• Best Interests Of Child
• Onus Of Proof
• Protective Orders