Child custody appeals from the Children’s Court to the High Court of South Africa
This article deals with an appeal from the Children’s Court to the High Court.
I’ve never been one to complain of my legal situation. The father of my daughter, and I have always had a cordial relationship. Until recently, the father of my minor child paid child support, and he would have contact with her regularly. However, what the father has done recently was approach the children’s court and make false allegations that I have been refusing him contact with his minor daughter. This was not to be done, and I could not allow him to continue lying to the court.
Our past relationship before approaching the Children’s Court
To give some context, the father of my minor child and I met 12 years ago. Soon after, I fell pregnant, and my minor child was born. The father was not involved much in the minor child’s life until soon after she was born. He only met the minor child for the first time when she was about seven months old. He saw her at least once a year until she started attending school. At this time, I approached him for child maintenance because he had not been paying adequate child maintenance for the minor child.
Approaching the Maintenance Court and the Children’s Court
We then approached the maintenance court, and the maintenance court ordered that he pay half the minor child’s school fees, place her on his medical aid, and pay a cash contribution towards her daily expenditure. At the same time, we also approached the children’s court, which assisted us in drafting a parenting plan. The father would see the minor child every second weekend from a Friday until late Sunday as well as one evening in the week. We would also share half the school holidays as well as special days. This would include the minor child‘s birthday, Father’s Day, Mother’s Day, and so on.
Father wanting every weekend with teh minor child
All went well regarding visitation until about a year ago. The father said I am limited his contact regarding the minor child. He wanted to have her on weekends with her as well. Me not agreeing to is, according to him, is refusing him contact. I told him that I also need time with the minor child on weekends. I already care for the child during the week. I attend to her homework and all her needs. At least two weekends a month, I require time to go out with her, take her to the beach, maybe watch a movie, and have some fun time together.
Father approaches the Children’s Court for a variation of the Parenting Plan
It is unfair that he should have the minor child every weekend and not take care of her during the week. Furthermore, the care and contact arrangement that is in place was finalised with the children’s court. I was therefore acting in terms of a court order. The father then approached the children’s court, and we had a hearing date. The matter proceeded to the children’s court magistrate, who heard both parties.
Decision of the Children’s Court
At the end of the enquiry, the children’s court made an order that the father may have the minor child in his care for three weekends per month. What the children’s court did not do was ask the minor child what the minor child wanted. Furthermore, it has not appointed a legal representative for the minor child. Lastly, there was no expert recommendation on this matter. For example, the children’s court did not appoint the office of all the family advocates, or are you a social worker to investigate this matter?
Appealing to the High Court regarding the Children’s Court decision
They failed to consider various factors and assistance from other parties that would assist the court in determining the minor child’s best interest. I then sought the assistance of an attorney, who advised me that I would need to appeal the children’s court’s decision. We then requested reasons for the children’s court decision. In short, the children’s court magistrate was of the view that the minor child does not need to spend so much time with me on the weekend, seeing that I am already caring for her during the week.
High Court dealing with the Appeal from the Children’s Court
The matter then proceeded to the High Court. The High Court took issue with the fact that the children’s court had not consulted with the minor child, has not obtained the assistance of the office of all the family advocates or a social worker, nor has the children’s court appointed a legal representative to the minor child to determine what the minor child’s view and wishes are. The High Court ordered that the care and contact arrangement that was in place should remain.
Possitive outcome of the Appeal to the High Court
I was thrilled that I took the matter to the High Court and appealed the children’s court decision. Had I not decided to take the magistrate to the children’s court on appeal, the father of the minor child would’ve had three weekends a month with the minor child and me only one. This, I believe, would have been unfair.
Assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court
Should you require assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court, feel free to connect with the firm of Adv. Muhammad Abduroaf.
