Craft v Craft nee Moss (241 of 2022) [2022] ZWHHC 241 (8 April 2022)

Craft v Craft nee Moss (241 of 2022) [2022] ZWHHC 241 (8 April 2022)

The best interests of the children require that the applicant be allowed to travel with them to the United Kingdom and Kenya, as the opposition was not bona fide and no legitimate concerns were substantiated.

Source-derived case information.

Citation
[2022] ZWHHC 241
Parties
Applicant: Michael Craft; Respondent: Sarah Craft (nee Moss)
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
8 April 2022
Case Number
241 of 2022
Procedural Posture
Urgent Chamber Application / Judgment
Outcome
Application granted with costs on attorney-client scale against the respondent.
Legal Topics
Custody of Children, Access to Children, Best Interests of the Child, International Travel With Minors
Source Language
english
Family Law Child Law Custody of Children Access to Children Best Interests of the Child International Travel With Minors

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Parties

Michael Craft

Applicant

Sarah Craft (nee Moss)

Respondent

Procedural Posture

Urgent Chamber Application / Judgment

Legal Issues

  1. 1 Whether the applicant should be allowed to travel with the minor children to the United Kingdom and Kenya over the respondent's objection
  2. 2 Whether the best interests of the children require granting the orders sought
  3. 3 Whether the respondent's opposition was bona fide or vexatious

Ratio Decidendi

The best interests of the children require that the applicant be allowed to travel with them to the United Kingdom and Kenya, as the opposition was not bona fide and no legitimate concerns were substantiated.

Court Disposition

Application granted with costs on attorney-client scale against the respondent.

Orders

  • Applicant authorised to travel to the United Kingdom with the minor children from 13 April 2022 to 25 April 2022.
  • Applicant to return the minor children to the respondent at Harare, Zimbabwe on 25 April 2022.