D.T and Another v M.A.M.F (2023/032929)
D.T and Another v M.A.M.F (2023/032929) [2023] ZAGPJHC 1204 (24 October 2023)
The court held that the applicants, as uncles of the minor child, have locus standi to seek rights of contact and guardianship under sections 23 and 24 of the Children’s Act. The determination of the child’s best interests requires a thorough judicial investigation, not limited to the child’s stated wishes or the evidence presented by the parties. The respondent’s reliance solely on the child’s voice and the social worker’s report was found insufficient, as the scope of investigation must encompass all relevant factors under section 7 of the Children’s Act. The court found that the applicants…
Source excerpt
- Children S Act
- Guardianship
- Right Of Contact
- Best Interests Of Child
- Interim Relief