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[2009] ZAGPPHC 352
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M v S (8928/07) [2009] ZAGPPHC 352 (1 December 2009)
SAFLII
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IN
THE NORTH GAUTENG HIGH COURT PRETORIA
CASE
NO 8928/07
DATE:
1 DECEMBER 2009
In
the matter between
S.
R.
M. Applicant
vs
P.
S.
D. Respondent
JUDGEMENT
SAPIRE.
A J:
This
is an application in which the applicant seeks an order regarding the
minor children born to the respondent of which he is
the father.
The
overriding facts in this matter is that the children are as they have
been for some time well settled in the custody of the
applicant The
children reside in a home which on the evidence cannot be bettered
The respondent has wide access to the children
and there is no
apparent prejudice to her should the order sought by the applicant be
granted
Although
the respondent has recently filed an affidavit setting out her
differences with the respondent any change in the status
quo would
require that she be enabled through maintenance payments to establish
a new home elsewhere This is problematical and
seemingly unnecessary
There is nothing to show however, that the children will be better
oft' if an order was made changing the
present situation regarding
the care and residency of the children in terms of section l8(2Ma) of
the Children’s Act 2005
I
therefore order that
1.
Parental rights and responsibilities in respect of all three minor
children in regard to
guardianship is awarded to both parties in
terms of Section 18(2) (c) and 18(3) of the Children’s Act
2.
Parental rights and responsibilities in respect of all three minor
children in regard to
care and residency arc awarded to the Applicant
in terms of Section 18(2) (a) of the Act
3.
Parental rights and responsibilities in respect of all three children
in regard to contact
is awarded to the Respondent in terms of Section
I8(2Xb) of the Act and shall comprise reasonable access at all times
including
the right to have the children with her on the same basis
as presently prevails
4.
There will be no order as to costs
SAPIRE,
AJ
JUDGE
OF THE NORTH GAUTENG HIGH COURT PRETORIA