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
GAUTENG LOCAL DIVISION, JOHANNESBURG

CASE NO: 2025-112007
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
(3) REVISED:
18 August 2025

In the matter between:

J[…] B[…] Applicant

and

T[...] D[...] S[...] Respondent


JUDGMENT


SEGAL AJ:

[1] This is an application which came before court during the week of 29 July
2025 in which the Applicant ( the mother) sought an urgent order interdicting the
Respondent (the father) from relocating with the two minor children, M[...] M[...] S[…]
(“M[...]”), aged 16 and C[...]S[…] (“C[…]”), aged 9 from relocating with the father to
Cape Town pending the finalisation of Part B of the application. I will refer to the
parties as the mother and the father, respectively.

[2] In addition, in Part A, the mother sought confirmation of the appointment of

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social worker, Sarie Nell to conduct an investigation and provide a report regarding:-

2.1 whether the intended relocation is in the children’s best interests;

2.2 whether the children immediately be placed in a structured home-
schooling institution to receive appropriate academic guidance and consistent
educational support;

2.3 the return of the children to the mother’s primary care subject to the
father’s defined rights of contact;

2.4 the immediate therapeutic intervention for both children including
reconstructive and bonding therapy between the children and their mother;

2.5 the mother submitting herself to regular drug and alcohol testing to be
conducted upon request by the Parenting Coordinator;

[3] The father opposed the application and counter applied for an order in Part A
that:-

3.1 primary residence of the children vest with him;

3.2 that the mother be granted supervised physical contact with C […],
which contact is to be supervised by a registered social worker on alternate
weekends on a Saturday and Sunday , for a period of six hours per contact
session;

3.3 that the mother shall not have any contact with M[...] unless M[...]
specifically requests such contact; and

3.4 that the mother pays the costs of the application.

[4] At the hearing of the matter, I indicated to the parties that:-

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4.1 I considered the matter to be urgent; and

4.2 the father would not be permitted to relocate with the children at this
stage.

[5] When the matter stood down, it was arranged that M[...] would attend an
urgent appointment with a psychiatrist in the week following the hearing of the matter
in light of the findings of Dr Del Fabbro. The father indicated that he would secure
alternative accommodation in Gauteng and undertook not to relocate with the
children until a court permitted him to do so. The mother was represented by
attorneys and counsel. The father was unrepresented and appeared in person.

[6] Upon reading the papers it appeared that not only is this application indeed
urgent, but it is in fact one which gives cause for alarm.

[7] The mother , who resides in Henley on Klip, was the children’s primary
caregiver until 5 February 2025, when a disagreement arose between the mother
and M[...], which regrettably escalated into a physical altercation (“the incident”) at
the mother’s home, which resulted in the children telephoning their father to come
and collect them immediately and remove them from their mother’s home to his
home late one night.

[8] There is a dispute about what occurred on that night. The mother contends
that the incident was occasioned because M[...] had a tantrum and shouted at her,
that M[...] often displays unruly behaviour when reprimanded and that the mother in
frustration swung her arm at the wall, which resulted in her arm making contact with
the mirror in M[...]’s room and causing it to break.

[9] The mother’s erstwhile partner J[...] M[…] T[…] (“J[...]”) was present at the
home at the time of the incident. It appears that he and the mother have since
terminated their relationship and that the mother now lives alone. The mother
contends that the main problem in her relationship with M[...] is that M[...] is being
coached by her father , who allegedly actively discourages M[...] from having a
relationship with her.

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[10] The father’s version is quite different. He contends that on the 5 th of February
2025, M[...] contacted him in a state of distress and asked him to “ help [her] and to
come now”. The children texted that they were “ so scared” and asked their father to
“please hurry” but at the same time, feared that if the father entered their home J[...]
would become so angry that he would shoot him. This incident was extremely
traumatic for the children.

[11] The father contacted the SAPS, contending inter alia that M[...] was physically
assaulted by the mother, that M[...] had “blood splatters on her shoes and clothing”,
and that J[...] had threatened both children. This troubling incident resulted in the
father removing the children from the mother’s primary care and having them reside
primarily with him since this date.

[12] Photographs of the aftermath of the incident are disturbing and reflect inter
alia a broken mirror, a microwave on the bedroom floor and other kit chen items lying
on the floor in M[...]’s bedroom. It is common cause that the mother drove herself to
the hospital on account of her injuries and profuse bleeding which required
immediate medical attention. WhatsApp messages were attached to the papers to
corroborate the ongoings on the night of the incident.

[13] The father contends that the mother suffers with mental health challenges,
that she has attempted suicide and has attended numerous rehabilitation clinics for
drug and alcohol dependency . The father contends that the mother has been
“mentally unstable” for the past 2 years.

[14] Until eighteen months ago, it seems that the parties shared a reasonably
amicable relationship; they would liaise with one another to make arrangements for
the children where necessary, and the mother would assist the father financially from
time to time. This relationship apparently began to deteriorate eighteen months ago
when it is alleged that the mother and J[...] began drinking alcohol excessively.

when it is alleged that the mother and J[...] began drinking alcohol excessively.

[15] The father also contends that the children were neglected and left to their own
devices mostly unattended. There are other concerning allegations about substance

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abuse in the mother ’s home which regrettably involve M[...]. There were allegedly
physical fights between the mother and J[...] in the presence of the children and
other serious concerns about the mother’s parenting. Allegations of sexual abuse /
inappropriateness on the part of J[...] against M[...] were also made.

[16] Although the mother seeks an order that social worker, Sarie Nell (“Ms Nell”)
be appointed to conduct an investigation as part of the order sought in Part A, it
appears that by agreement between the parties Ms Nell had completed a forensic
investigation and rendered her report which became available shortly before the
matter was to be heard.

[17] Ms Nell recommends inter alia that:-

“21.1 …the parties be jointly granted full parental responsibilities and rights
as contemplated in Section 18(2)(a) of the Children’s Act 38 of 2005
regarding the minor child (sic).

21.2 Parental responsibilities and rights regarding guardianship as
stipulated in Section 18(2)()c) and 18(3) of the minor child (sic) shall be
awarded to both parties.

21.3 Primary residence of the minor chil d (sic) shall be awarded to the
mother.

21.4 The contact rights of the father are as follow:

a) Weekly contact starting on a Friday afternoon until the following Friday
morning which alternates between parents.
b) First right of refusal be implemented as stated in previous section of
the report.
c) Telephonic contact daily which are convenient for both parents.
d) That the short and long holidays be divided between the parents with
the following pre-requisites:
e) That the other parent will have daily telephonic with the child/children.

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21.5 The mother not have any contact with her previous partner.

21.6 The parent who cares for the child (sic) provides an address to the
other parent for notification.

21.7 The appointment of a Parental Coordinator to manage contact, ensure
the children attend suitable therapy , and verify that the mother complies with
regular or random alcohol and drug testing for 2 years.

21.8 M[...] needs to be evaluated by a Psychiatrist, and the mother needs to
adhere to the recommendations of the psychiatrist.

21.9 M[...] and C[...]need to attend a therapeutic intervention with a clinical
psychologist.

21.10 The mother needs to attend parental guidance with a clinical
psychologist...”

[18] The recommendations in 21.3 and 21.4 are in conflict with one another. There
are repeated references to “the child” and it is unclear which child is referred to or
whether there is a typographical error and this should read “the children”.

[19] As part of Ms Nell’s report, a forensic psychologist Dr Del Fabbro (“Dr Del
Fabbro”) conducted an investigation in respect of M[...]. Dr Del Fabb ro recorded
inter alia that M[...] reported:-

19.1 a history of domestic violence and alcohol abuse in the home of the
mother;

19.2 that the mother regularly threatened and tried to commit suicide;

19.3 that the mother has a history of self-harming;

19.4 that the mother has admitted to various rehabilitation facilities for alcohol

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abuse and psychiatric issues;

19.5 being attacked by the mother with a broken piece of mirror , inflicting
profound psychological trauma on M[...];

19.6 grappling with the traumatic legacy of the mother’s violence;

19.7 being happy in her current environment , with the father , however she
had some reservations about certain accommodation matters and struggles
with the father’s supervision;

18.9 she had consumed substances with the mother (alcohol, psy chedelic
narcotics and marijuana) under the mother’s pressure and encouragement.

[20] Dr Del Fabbro opined that-:

20.1 M[...] has become desensitised to the mother ’s behaviour , being a
significant concern for Dr Del Fabbro;
20.2 M[...] is ambivalent to seeing the mother and suffers from cognitive
dissonance;
20.3 M[...] is currently grappling with the severe, per vasive and cumulative
effects of chronic complex trauma, primarily stemming from prolonged
exposure to domestic violence, the mother’s severe alcohol abuse and direct
physical assault.

[21] Del Fabbro concludes and recommends that:-
“..to address M[...] ’s identified risks and promote her psychological
well-being:

1. Immediate Safety Planning and Crisis Intervention:

Given M[...]'s current moderate to high risk for self-harm and suicidal
ideation, particularly in light of the impending relocation, immediate and
proactive safety measures are paramount.

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• Urgent Referral for Psychiatric Evaluation: An urgent referral to
a child and adolescent psychiatrist is recommended for a comprehensive
evaluation, particularly concerning her severe depressive symptoms and
persistent suicidal ideation. This evaluation should include consideration
of psychotropic m edication if clinically indicated to stabilize her mood
and reduce the intensity of suicidal thoughts.

• Comprehensive Safety Plan Development: A detailed,
collaborative safety plan must be deve loped with M[...], her father, and
stepmother. This plan should include:

o Identification of Triggers: Clearly identify specific triggers
for M[...]'s distress, self -harm urges, or suicidal ideation (e.g., feelings of
failure, perceived rejection, arguments, lack of privacy, loss of social
connections, discussi ons about her mother's past behaviour, the
impending move).
o Coping Strategies: Outline a tiered list of adaptive coping
strategies M[...] can employ when experiencing distress or urges,
ranging from self soothing techniques (e.g., listening to music, talking to
her boyfriend/sister, engaging in band activities) to more structured
distress tolerance skills (which will be taught in therapy).
o Emergency Contacts: Provide clear emergency contact
numbers, including crisis hotlines, the social worker, her father, and
stepmother.
o Crisis Protocol: Delineate a clear step-by-step protocol for
M[...] and her family to follow in a crisis, including when to contact her
father/stepmother, when to seek immediate professional help (e.g.,
contacting emergency services or psychiatric crisis teams), and how the
family will support her through overwhelming urges.

• Strict Environmental Safety Measures: To reduce access to
means of self harm or suicide, it is imperative to implement strict
environmental safety measures within the home:

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o Medications: All prescription and over -the-counter
medications must be stored securely, under lock and key, and
administered by her father or stepmother.

o Sharp Objects: All sharp objects (e .g., razors, knives,
scissors) should be secured or their access strictly limited and monitored.
o Alcohol/Drugs: All alcohol and recreational drugs must
be completely removed from the household, with no exceptions, given
M[...]'s prior exposure and vulnerability.

2. Therapeutic Interventions for M[...]:

Intensive and multi-modal therapeutic interventions are crucial to address
the root causes of M[...]'s risks and build her long-term resilience.

• Intensive Individual Therapy: M[...] requires ongoing, intensive
individual therapy (initially 2-3 times per week, reducing frequency as
stability improves) with a clinician specializing in adolescent trauma. The
therapeutic focus should include:

o Trauma Processing: Utilizing evidence-based modalities
such as Trauma-Focused Cognitive Behavioural Therapy (TF-CBT) or Eye
Movement Desensitization and Reprocessing (EMDR) to help M[...]
process the traumatic memories and experiences related to her mother's
violence and substance abuse.
o Emotion Regulation Skills: Teaching and practicing
Dialectical Behaviour Therapy (DBT) skills, particularly mindfulness,
distress tolerance, and emotion regulation, to help M[...] identify,
understand, and manage intense emotional states without resorting to
self-harm or other maladaptive coping.
o Coping with Urges: Developing specific strategies for
coping with urges for self-harm and substance use, including urge surfing,
distraction, and activating alternative, healthy behaviours.

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o Self-Esteem Building: Addressing her internalized shame,
guilt, and feelings of worthlessness to foster a healthier self-concept.
o Attachment Repair: Exploring and addressing her
anxious-ambivalent attachment patterns to help her develop more secure
and trusting relationships.

• Substance Abuse Interventions: While M[...] denies current
use, proactive interventions are essential:

o Motivational Interviewing: To reinforce her stated desire
not to use substances and strengthen her commitment to a substance-free
lifestyle.
o Psychoeducation: Providing education on the long-term
impacts of parental substance abuse and the risks of self-medication.
o Relapse Prevention Planning: Proactively developing
strategies to identify triggers for potential substance use and implement
alternative coping mechanisms.

• Family Therapy: Concurrent family therapy is strongly
recommended (initially weekly, reducing frequency as dynamics
improve) to:
o Improve Communication: Facilitate open and honest
communication between M[...], her father , and stepmother regarding her
emotional state, needs, and challenges.
o Address Family Dynamics: Work through the impact of
the historical trauma on current family dynamics, including Mr. S[…]'s
denial of the full extent of M[...]'s depression/suicidal ideation and the
challenges of adjustment to the new home environment.
o Support System for M[...]: Strengthen the family unit as a
consistent and reliable source of support for M[...].
o Psychoeducation for Parents: Educate both her father
and stepmother on the specific manifestations of trauma, attachment
issues, and risk behaviours in in adolescents, and how to respond in a
supportive and effective manner.

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• Consideration of Group Therapy: As M[...] establishes stability
in individual therapy, consider a referral to an adolescent group therapy
program focusing on trauma, self -harm, or emotional regulation. This
could provide peer support, reduce feelings of isolation, and offer
additional opportunities to practice coping skills.

3. Parental Support and Education:

Mr. S[…] and his partner are crucial protective factors, and their
understanding and capacity to respond to M[...]'s needs are vital.

• Comprehensive Risk Education: Provide detailed education to
both Mr. S[…] and his partner on:

o Signs of Self-Harm: Including Less obvious indicators
beyond visible injuries.
o Signs of Substance Abuse: Behavioural, physical, and
emotional indicators.

o Signs of Suicidal Ideation: Specific verbal cues,
behavioural changes, and emotional states, addressing Mr. Snyman's
current awareness gap.

• Crisis Management Training: Train them on how to respond
effectively during a crisis related to self-harm or suicidal ideation,
including de-escalation techniques and activation of the safety plan.
• Boundaries and Supervision: Support parents in establishing
clear, consistent, and age -appropriate boundaries and supervision that
balance M[...]'s need for safety with her developmental need for privacy
and autonomy. This should specifically address her struggles with the
"smaller living environment" and "greater level of supervision."

• Referral to Parenting Support: Recommend referral to parenting

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support groups or educational programs focused on raising adolescents
with trauma histories or mental health challenges.

4. School-Based Interventions:

Given M[...]'s current home-schooling, specific liaison with lmpaq is
necessary.

• Liaison and Support Plan: Establish direct communication with
lmpaq home school personnel (e.g., designated administrator or
counsellor, if available). Implement a school -based support plan that
includes:

o Designated Safe Person: Identify a trusted adult at lmpaq
whom M[...] can approach if she feels overwhelmed or distressed.
o Academic Accommodations: If her depression, an xiety,
or trauma symptoms impact her concentration or academic performance,
explore accommodat ions (e .g., reduced workload, extended deadlines,
quiet testing environment).

• Policy Awareness: Ensure awareness of lmpaq's policies and
resources regarding mental health support, substance use, and self-harm.

5. Pharmacological Review:

Psychiatric Evaluation: As previously noted, an urgent
psychiatric eval uation is highly recommended. The psychiatrist will
assess the need for psychotropic medication (e.g., antidepressants,
anxiolytics) to address underlying mental health conditions (depression,
anxiety) that contribute significantly to her overall distress and risk prof ile.
Close monitoring of medication effectiveness and side effects will be
crucial.

6. Contact with Mother:

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M[...]'s ambivalence towards her mother and the perceived rejection are
significant stressors that directly impact her emot ional state and risk
levels.

• Highly Supervised Contact Only: Any future contact with Ms.
B[…] should be limited and occur onl y under strict, therapeutic
supervision. Unsupervised contact is strongly contraindicated at this
time given Ms. B[…]'s denial, historical violence, substance abuse, and
negative impact on M[...].

• Therapeutic Conditions for Contact: If contact is considered
therapeutically beneficial in the future, the following conditions are
paramount:

o Mother's Sobriety: Ms. B[…] must demonstrate sustained
sobriety and engagement in her own therapeutic treatment for substance
abuse and mental health issues.

o No Discussions of Past Incidents: Contact sessions
should be carefully fac ilitated to avoid discuss ions of past traumatic
incidents or the current care arrangements unless explic itly guided by the
therapist.
o M[...]'s Readiness: Contact should only proceed with
M[...]'s explicit willingness and when her emotional stability has
significantly improved, ensuring it does not re-traumatize her or increase
her distress.

o Focus on Positive Engagement: The focus should be on
building positive, healthy interaction, rather than addressing past
grievances, at least initially.

• Prioritizing M[...]'s Well-being: The decision regarding contact
must always prioritize M[...]'s emotional safety and psychological stab ility,
with the understanding that contact, if not carefully managed, could

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exacerbate her existing risks.

7. Ongoing Monitoring and Review:

M[...]'s risk profile is dynamic and requires continuous assessment and
adaptation of the support plan.

• Regular Risk Reviews: Her risk status should be formally
reviewed on a regular bas is (e.g., weekly initially, then bi-weekly or
monthly as stability is achieved) by the treating psychologist and soc ial
worker.

• Multidisciplinary Team Involvement: All professionals involved
in M[...]'s care (psychologist, social worker, psychiatrist, school personnel,
family members)
should maintain open communication and participate in periodic reviews
of her progress, adherence to safety plans, and overall well-being.
• Adaption of plan: The safety plan and therapeutic interventions
should be fluid and adjusted based on M[...]’s evolving needs, responses
to treatment, and any changes in her environment or emotional state.”


[22] The report of Dr Del Fabbro, is a very thorough and as appears above,
contains carefully considered and comprehensive recommendations. This report
must be provided to M[...]’s therapist who should work through and implement the
recommendations together with M[...] , and with the input of the mother and the
father, where appropriate.

[23] I am persuaded that M[...] cannot be forced to live with or have contact with
her mother against her will, in her current vulnerable state. I am also persuaded that
a relocation is not in M[...]’s best interests at this point. It appears that Ms Nell did
not take heed of Dr Del Fabbro’s important findings in relation to M[...]’s
compromised emotional state.

SCHOOLING AND EDUCATION

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[24] The father acknowledges that there were difficulties experienced with respect
to the children’s schooling, but he contends that the mother’s version in relation to
the schooling is denied. He contends that any delays in facilitating the educational
requirements of the children was a direct result of the mother’s actions , and/or
neglect and that he has remedied all such matters in a timely and diligent fashion.

[25] Regrettably, no proof of the father’s allegation could be provided, despite the
mother’s repeated requests for the father to do so. I have serious concerns about
the seemingly laissez-faire attitude that appears to have been adopted in relation to
the children’s education.

[26] It is imperative that both children’s education is prioritised by the father
urgently and that efforts be made to catch them up on missed schoolwork so that
they are ready to begin afresh in the new year at new schools . I address this in my
order below.

THE RELOCATION

[27] The father wishes to relocate to Simon’ s Towns with the children and his
partner, C[...] P[...] (“C[...]”) but it seems that there is no real plan in this regard. I am
not satisfied with the evidence which the father has put up insofar as the proposed
relocation is concerned. It does not seem to have been properly thought through or
planned. The mother’s criticisms in this regard seem well founded. The issue of the
relocation can be revisited the court hearing part B.

[28] I am also persuaded by the report of Dr Del Fabbro that the proposed
relocation would be contrary to M[...]’s best interests and would unduly destabilise
and unsettle her. M[...] is especially vulnerable at this time and may not cope with
the effects of a relocation. She has had enough trauma and upheaval and cannot
risk even more destabilisation now.

[29] Given the concerns raised by the mother in respect of the children’s
education coupled with the fact that no proof of the children’s education could be

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provided by the father, I have serious concerns in relation to the children’s education
and to now move them to new schools , in a new province when they are apparently
so far behind where they ought to be, is not in their best interests.

[30] A further concern raised by the mother was the fact that her relationship with
the children has been severely negatively impacted, and that she wishes to be
afforded an opportunity to mend her relationship with them. Ms Nell reports that the
mother “shows insight into her transgressions , takes responsibility for her actions,
and wants to rebuild her relationship with her children.”

[31] Ms Nell recommends that primary resi dence of the children should revert to
the mother at this stage. Dr Del Fabbro recommends only supervised contact
between the mother and the M[...] having regard to the anxiety and trauma that M[...]
has experienced. C[...]and M[...] cannot be separated from one another, and both
expressly report that they are doing better with their father from an emotional and
psychological point of view They categorically expressed that they do not want to
live at their mother’s home.

[32] Although the children do not experience the mothers “ insight into her
transgressions”, or her taking “responsibility for her actions ”, referred to by Ms Nell ,
an opportunity must be given to the children and their mother to rebuild their
relationship with professional guidance and oversight . The restoration of the
relationship between mother and children must be a priority for both the father and
the mother.

[33] There is a disparity between the financial position of the mother and that of
the father. It seems that the mother’s financial position is far stronger than that of the
father and that she has a successful business which has operated for some time,
whilst the father appears to have struggled to secure himself financially over the
years. At this stage the mother does not pay cash maintenance for the children but

years. At this stage the mother does not pay cash maintenance for the children but
covers numerous direct expenses on their behalf . In these circumstances, I propose
to order that the mother pay for the fees of the professionals whom I propose to
appoint in order to deal with the fall out within the family.

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[34] I interviewed both children separately in chambers. I was impressed by their
maturity and insight. They were both extremely articulate and clear not only in the
expression of their views and wishes , but also in the justification and reasoning for
holding the views expressed. What emerged from the respective interview s was
that-:

34.1 They both feel safe and emotionally secure in their father’s care and
wish to remain there;

34.2 They have been through tremendous trauma;

34.3 C[...]is lonely and doesn’t have friends, she is unhappy with home
schooling and wants to be part of a traditional school where she can make
friends. She is somewhat embarrassed that she is a year behind her peers
and that her schoolwork is not up to date. This concerns her especially
because she wishes to attend a new school next year and wants to be on the
correct academic level to be able to “fit in” with her classmates and make
friends;

34.4 M[...] feels that she can now relax and be a 16- year-old in her father’s
care whilst she is required to be vigilant and assume the role of an adult whilst
in her mother’s care;

34.5 That C[...]is fiercely loyal to M[...] and in fact considers M[...] to be her
main source of safety and security;

34.6 That neither child wishes to have contact with their mother at this stage
as they are inter alia concerned that she will react negatively to them , they
feel ambivalent towards her. They bear a level of anger towards her but also
love her;

34.7 their father’s partner C[...] , plays a significant and positive role in their
lives. C[...] is exceptionally kind, caring and empathetic towards them. She
also appears to play a practical role in assisting them in their day to day lives.

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M[...] particularly considers C[...] to be her confidante and a source of support.
Both children referenced C[...]’s important role in their lives.

[35] The children need to be afforded an opportunity to settle down and heal with
the support and guidance of the relevant professionals. The mother and the children
need to be given an opportunity to rebuild and mend their relationships with the
support of the appropriate professionals. The children’s education needs to caught
up and regularised.

[36] The children both struck me as incredibly intelligent and there is no good
reason why they should not be given every opportunity to achieve their full potential
and go on to self -actualise. I have had regard to the reports and to the
recommendations therein contained and I have incorporated those that I believe to
be in the children’s best interests into the order which follows.

[37] As to costs, I am not minded to make an order adverse to either party at this
stage. The complexity and sensitivity of the issues before the court and the
considerations of the best interests of the children must prevail. As such, I shall
order that each party pays his/her own costs of Part A.

[38] The following order is granted:-

37.1 The Applicant’s non- compliance with the Rules of Court and the
Practice Manual of the Gauteng Division is condoned to the extent that is
necessary, and this application is entertained as one of urgency in terms of
the provisions of Rule 6(12)(a) of the Uniform Rules of Court.

37.2 The matter is postponed to the opposed roll in the Family Court on 31
March 2026. The Applicant shall enrol the matter for hearing on that date, by
taking all such steps as are necessary with the Registrar of the Family Court
to secure such enrollment.

37.3 Pending the hearing of Part B of the application, and the matter on 31
March 2026, it is ordered as follows:

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37.3.1 The Respondent is interdicted from relocating to Cape Town or any
other province with the minor children, namely M[...] M[...] S[...](“M[...]”) born
on 11 March 2009 and C[...](“C […]”) born on 16 September 2015 (“ the
children”);

37.3.2 Primary residence of the children shall vest with the Respondent;

37.3.3 The Applicant shall have contact to the children:

37.3.3.1 for the first month following on this order, once a week for a
period of 2 hours on a day and at a time that is convenient to the parties ,
supervised by a social worker of the mother’s choice and at the mother’s cost;

37.3.3.2 for the second and third month following on this order, twice a
week for a period of 2 hours per contact session on days and at times that are
convenient to the parties supervised by a social worker of the mother’s choice
and at the mother’s cost;

37.3.3.3 from the fourth month following on this order, contact shall take
place in accordance with the recommendations of the Parenting Coordinator;

37.3.3.4 via electronic/telephonic means daily,

provided that M[...] may not be forced to exercise the contact referred
to in paragraphs 37.3.3 against her will.

37.3.4 The contact referred to in 37 .3.3 shall increase alternatively decrease
in frequency and duration in accordance with the recommendations of the
Parenting Coordinator, who shall have due regard to:
37.3.4.1 The views and wishes of the children;
37.3.4.2 The input and feedback from Melanie Frankel;
37.3.4.3 The input of M[...]’s psychiatrist;
37.3.4.4 The input of the Applicant and Respondent.

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37.3.5 The parties shall procure immediate therapeutic intervention:
37.3.5.1 for M[...], with psychologist, Melanie Frankel ( Ms Frankel )
[email: f[…]];
37.3.5.2 for C[…], with psychologist Mary Bothma ( Ms Bothma) [email:
m[…]];
Ms Frankel and Ms Bothma shall respectively use their best endeavours to
facilitate the restoration of the relationship between the Applicant and the
respective children via reconstructive and bonding therapy, which therapy
shall be at the Applicant’s cost and on such days and at such times as Ms
Frankel and Ms Bothma may respectively direct.
37.3.6 The Applicant shall make payment of the costs of the Parenting
Coordinator, Ms Frankel and Ms Bothma.

37.4 The minor child, M[...] shall be evaluated by a qualified psychiatrist to
provide recommendations regarding M[...]’s future treatment and care. The
parties shall comply with all reasonable recommendations made by the
appointed psychiatrist regarding M[...]’s treatment and care. The psychiatrist
shall file a report reflecting M[...]’s diagnosis, treatment, prognosis and future
recommendations for M[...]’s psychiatric care by 6 March 2026.
37.5 A Parenting Coordinator shall be appointed to facilitate the resolution
of the disputes arising from the exercise of the parties’ parental
responsibilities and rights in respect of the children, which will include but not
be limited to:
37.5.1 Contact between the Applicant and the children including the
determination of whether that contact should be increased or decreased in
frequency and duration, or supervised by a social worker;
37.5.2 Drug testing / alcohol testing for the Applicant and Respondent and/ or
M[...];
37.5.3 The powers of the Parenting Coordinator are attached as annexure “ B”
to this order;
37.5.4 The Parenting Coordinator shall by no later than 6 March 2026 file a
report with recommendations concerning inter alia the manner in which the
parties have complied with her process, the progress that has been made in

parties have complied with her process, the progress that has been made in
the restoration of the relationship between the children and the Applicant, the

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educational progress of the children and any further relevant information
which the Parenting Coordinator deems appropriate.
37.6 The Applicant and the Respondent will refer the appointment of a
suitably qualified Parenting Coordinator to the Chairperson of the Gauteng
Family Law Forum, who will be requested to make an immediate nomination.
37.7 The Applicant and the Respondent shall respectively attend a
comprehensive parenting course with educational psychologist, Ms Carol
Anne Wootton (“Ms Wootton”) (email: c[…]). Both parties shall provide the
Parenting Coordinator with a certificate of attendance and completion of the
parenting course with Ms Wootton. Each parent shall make payment of
his/her costs in respect of their attendance at Ms Wootton.
37.8 The reports of Ms Sarie Nell and Dr Del Fabbro shall be provided to the
Parenting Coordinator, Ms Frankel, Ms Bothma, Ms Woo tton and the
psychiatrist appointed for M[...].
37.9 The Respondent shall, within 15 days of the date of the grant of this
order:-
37.9.1 provide the Applicant and the Parenting Coordinator with written
confirmation of the children’s respective enrolment at a home- schooling
tutoring facility from such facility;
37.9.2 provide the Applicant and the Parenting Coordinator with written
confirmation that the children have completed all of the recommended,
necessary and prescribed work in their respective curricula in each of their
chosen subjects;
37.9.3 alternatively to 3 7.9.2 above, and only in the event that the children
have not completed all of the recommended, necessary and prescribed work
in their respective curricula in each of their chosen subjects, the Respondent
shall provide the Applicant and the Parenting Coordinator with written
confirmation of all steps to be taken by the Respondent, the children and the
home-schooling tutoring facility to ensure that the children will, by 1
December 2025, have completed all of the recommended, necessary and

December 2025, have completed all of the recommended, necessary and
prescribed work in their respective curricula, in each of their chosen subjects ,
such that the children shall both have passed the grades in which they are
respectively enrolled with such proficiency as to enable them to progress to
the next age equivalent grade at a registered CAPS school (for C […]) and an

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appropriate institution of learning (for M[...] ) and be on the equivalent
academic level as their classmates in their respective new schools in 2026.
37.10 In the event that there is a doubt in relation to the children’s respective
academic levels of proficiency or whether they have met their curriculum
benchmarks, the children may be referred by either parent or by the Parenting
Coordinator to an educational psychologist alternatively with a career
guidance specialist for an appropriate assessment.
37.11 The Applicant shall submit herself to regular random drug and alcohol
testing to be conducted upon 4 hours’ notice at the request of the Parenting
Coordinator.
37.12 The Applicant and the Respondent shall each file a supplementary
affidavit on or before 16 March 2026, setting out inter alia the manner in which
they have complied with this order, the progress that has been made in the
restoration of the relationship between the children and the Applicant, the
educational progress of the children and details of their schooling in 2026 and
any further relevant information which they deem appropriate.
37.13 Each party shall pay his/her own costs in respect of Part A of the
application.

SEGAL AJ
ACTING JUDGE OF THE HIGH COURT
GAUTENG LOCAL DIVISION, JOHANNESBURG

Delivered: This judgment was prepared and authored by the Judge whose name
is reflected and is handed down electronically by circulation to the Parties/their legal
representatives by email and by uploading it to the electronic file of this matter on
CaseLines. The date for hand-down is deemed to be on 18 August 2025.

Heard on: 29 July 2025
Delivered on: 18 August 2025

Appearances:

Adv F Bezuidenhout:

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Joselowitz & Andrews Attorneys: for the Applicant

In person for the Respondent