Chief Family Advocate of the Republic of South Africa as represented by Mr Keuben Gounden, Senior Family Advocate, East London v IRRJ (EL528/19) [2019] ZAECELLC 18 (23 August 2019)

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[2019] ZAECELLC 18
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Chief Family Advocate of the Republic of South Africa as represented by Mr Keuben Gounden, Senior Family Advocate, East London v IRRJ (EL528/19) [2019] ZAECELLC 18 (23 August 2019)

SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
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SAFLII
Policy
IN
THE HIGH COURT OF SOUTH AFRICA
EAST
LONDON CIRCUIT LOCAL DIVISION
CASE
NUMBER: EL 528/19
Friday,
23 AUGUST 2019
Before
the Honourable Madam Justice Hartle
In
the matter between:
THE
CHIEF FAMILY ADVOCATE OF THE REPUBLIC
OF
SOUTH AFRICA AS REPRESENTED BY MR. KEUBEN
GOUNDEN,
SENIOR FAMILY ADVOCATE EAST LONDON
APPLICANT
and
IRRJ                                                                                                          RESPONDENT
SUPPLEMENTARY
ORDER
Pursuant
to paragraph 6 of this court’s order dated 16 August 2019, and
after hearing the parties’ submissions, and
by consent, the
following supplementary order issues:
1.   The
children shall be returned to the care of the father in New Zealand
pending the outcome of the decision
of the Court in New Zealand as
ordered by this court.
2.
2.        The
Respondent shall not return to New Zealand with the children, namely
L and
A.
3.         The
children’s paternal grandmother, Ms. J[…] S[…]
will
accompany the children on the flight from South Africa to New
Zealand.
Alternatively
,
4.          The
children’s father shall travel to South Africa and accompany

the children back to New Zealand.
5.          The
children’s father shall pay for the flights for the children’s

paternal grandmother, Ms. J[…] S[…] and or his own
flight as well as for the children.
6.          In
the event that the children’s paternal grandmother, Ms. J[…]

S[…] is to accompany the children, the children’s father
shall uplift the children from the airport upon their arrival
in New
Zealand.
7.          The
children shall primarily reside with their father who will be
responsible for their day to day care.
8.          The
children shall attend Gulf Harbour School.
9.          The
Respondent shall be entitled to regular contact with the children

either by telephone, video call, Skype or WhatsApp or any other
reasonable arrangements in respect of contact.
10.        The
children’s father and the Respondent shall engage urgently in
the peremptory
mediation required by New Zealand law before making
application to the New Zealand Family Court for a parenting order
and/or with
regard to further issues that may arise.
11.        The
children’s father does not consent to any long term parenting
orders
being made by the South African Court and commits to attending
the peremptory mediation in New Zealand to resolve such issues. In

the event that such mediation is unsuccessful, the children’s
father shall make application by the date envisaged in paragraph
7 of
the initial order made by this court on 16 August 2019 to the New
Zealand Family Court for final determination of their respective

parenting rights concerning the children.
BY
ORDER OF COURT
REGISTRAR