Erasmus v Erusmas (HC 8054 of 2003) [2007] ZWHHC 40 (29 January 2007)

Erasmus v Erusmas (HC 8054 of 2003) [2007] ZWHHC 40 (29 January 2007)

The application for sole guardianship constitutes a new cause of action not covered by the original divorce order, and as all parties and the child are now outside Zimbabwe, the court lacks jurisdiction to determine the matter.

Citation
[2007] ZWHHC 40
Parties
Applicant: Christina Erasmus; Respondent: Daniel Erasmus
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
29 January 2007
Case Number
HC 8054 of 2003
Procedural Posture
Application to Vary Divorce Order / Judgment After Opposed Hearing
Outcome
Application dismissed with costs
Legal Topics
Custody, Guardianship, Jurisdiction, Variation of Court Orders
Source Language
English
Family Law Civil Procedure Custody Guardianship Jurisdiction Variation of Court Orders

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Parties

Christina Erasmus

Applicant

Daniel Erasmus

Respondent

Procedural Posture

Application to Vary Divorce Order / Judgment After Opposed Hearing

Legal Issues

  1. 1 Whether the High Court has jurisdiction to vary a divorce order when all parties are outside Zimbabwe
  2. 2 Whether an application for sole guardianship is a variation of a divorce order or a new cause of action
  3. 3 Whether removal of a child from the jurisdiction without consent of the non-custodian parent is lawful

Ratio Decidendi

The application for sole guardianship constitutes a new cause of action not covered by the original divorce order, and as all parties and the child are now outside Zimbabwe, the court lacks jurisdiction to determine the matter.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs