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South Africa: Free State High Court, Bloemfontein
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[2016] ZAFSHC 207
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N v N (4963/2016) [2016] ZAFSHC 207 (1 December 2016)
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
and
SAFLII
Policy
IN
THE HIGH COURT OF SOUTH AFRICA,
FREE
STATE DIVISION, BLOEMFONTEIN
Case
number: 4963/2016
Reportable:
No
Of
interest to other judges: No
Circulate
to magistrates: No
In
the matter between:
E
M
N
Applicant
Identity
number: […]
and
D I
N
Respondent
Identity number: […]
HEARD ON
: 1 DECEMBER
2016
JUDGMENT
BY
: BOKWA, AJ
DELIVERED ON
: 1
DECEMBER 2016
JUDGMENT
[1]
The common course issues between the parties are that the marriage
relationship has broken down irretrievably and that there
are no
prospects of the restoration thereof. That the communal estate
be shared equally between them.
[2]
They are however at variance about the reasons for the breakup of
their marriage. Furthermore they are in dispute about
what
should happen what should happen to the primary care and residence of
their minor child T T N born on […] March 2013,
who is
currently approximately three and a half years old.
[3]
Having considered the notice of motion and the other documents filed
of record and having heard both Counsel it is ordered
pende lite
that:
[4]
ORDER
4.1 That both parties be
awarded full parental responsibilities and rights with regard to care
of the minor child as contemplated
in Section 18(2) of the Children’s
Act 38 of 2005. That
primary residence
and
primary
care
of the minor child be retained by the
plaintiff.
4.2 That specific
parental responsibilities and rights with regard to
contact
with
the minor child be exercised by the
defendant
in the following
manner:
4.2.1
Contact every alternative weekend from 17h00 on Friday to 17h00 on
Sunday;
4.2.2
Short school holidays to alternate between the parties and long
school holidays to be shared equally;
4.2.3
Contact on Mother’s Day from 09h00 to 17h00 if this day does
not coincide with a normal access weekend;
4.2.4
Reasonable telephonic contact;
4.2.5
Reasonable contact at all reasonable times.
4.3 That specific
parental responsibilities and rights with regard to guardianship of
the minor child, as contemplated in Section
18(2)(c) and 18(3) of the
Children’s Act 38 of 2005 be awarded to the
parties jointly
.
[5]
The applicant pays maintenance towards the rental of alternative
accommodation of the respondent in the amount of R2500.
[6]
The applicant continue with the current maintenance towards the minor
child who will reside with applicant henceforth namely
T T N.
[7]
That the applicant contributes towards the legal fees of the
respondent in the amount of R3000 to be paid in an instalment of
R500
per month, the first to be paid on 1
st
January 2017.
[8]
Costs of this application to be cost in the main action.
_______________
I.R.O.
BOKWA, AJ
On
behalf of applicant:
Instructed
by:
On
behalf of respondent:
Instructed
by: Mr WAS Spangenberg
Spangenberg
Zietsman & Bloem
Bloemfontein