Contact and care disputes regarding your minor children for the school holidays

The right of the child to spend time with both parents

Resolving care and contact issues out of Court

Parents sitting down with a view of resolving care and contact arrangements before the school holidays

What is the disadvantage of seeking outside help?

Having your care and contact issues formally mediated

• Are both you and the other parent comfortable with the proposed mediator? It is very important that both parties are happy and comfortable with the mediator you will be approaching to assist in resolving your issues;
• Are the fees the mediator charges reasonable and sustainable according to your pockets? Not all mediators charge the same rate. Rates are, of course, based on experience, qualification, location and so on. However, it would not make sense to enlist the services of a mediator where you can only afford a single session. Some issues require two or three sessions, depending on the issues involved. If we are dealing with swopping a weekend, a single session may be appropriate. However, when dealing with something like relocation, maybe three different sittings would be appropriate; and
• Are you happy with the location of the mediator’s office or the use of virtual sessions (e.g. Zoom or Microsoft Teams)? For some, face to face mediation will yield the best results. The parties would be able to meaningfully engage with each other in the same room instead of using phone or computer monitors. However, virtual mediation sessions would be best for some, and they prefer it. They save time on travelling and do not have to take time off work.

Taking your care and contact matters to Court

• First, receive proper advice on the legal issue you have at hand. It is important that you understand the issues involved and your legal recourse. It would be unfortunate if you take your matter to Court but do not understand what you are getting yourself into;
• Know exactly what you want. In other words, what Order do you want the Court to grant you? Is it primary care, shared care or reasonable contact?
• Ensure that you provide your legal representative with all the relevant facts to fight for your case. This would only be possible if the first two points above have been complied with; and
• Make sure that you are always kept abreast of your matter.

How will the Court decide the matter?

Relocation of minor children with a parent. What does the Courts and Family Advocate look at?

High Court getting involved in minor children relocation matters

Extracts of a Judgemnet of the High Court in a Relocation of minor children matter

[22] The ruling on the postponement leaves this court to deal with the only remaining issue between the parties and that is whether or not the Applicant should relocate to Cape Town with the minor children. The law on matters of relocation is clear. The relocation must be in the best interest of the minor children as is prescribed in the Children’s Act No. 38of 2005. In addition, an applicant in the position of the Applicant is at liberty to relocate with minor children provided his or her intention is bona fide and reasonable. The test applies to both relocation within the borders of South Africa and abroad. See Jackson v Jackson 2002 SA 303 (SCA) and B v M 2006 (9) BCLR 1034 (W) to which Counsel for the Applicant referred this court. [23] Accordingly, the following two questions arise: 23.1 Is the proposed relocation in the best interest of the minor children? 23.2 Is the Applicant’s intended move bona fide and reasonable? [24] Whether or not an applicant’s proposed move is bona fide and reasonable should be a factual enquiry. Needless to state therefore that each case must be assessed on its own merits. The Applicant has been living in Johannesburg, xxx, while married to the Respondent and to date she continues to do so. [25] Her relationship with the Respondent has become estranged a result of which she now holds the view that it will benefit her to be next to her family, mother, father brother and sister-in-law all of whom are in the area of Cape Town, xxx. [26] Her family will give her the emotional support that she cannot get in Johannesburg. Furthermore, once the minor children are settled, her mother will give her support by fetching them from school such that she could start looking for employment. [27] As the primary custodian parent of the minor children, her move to Cape Town will of necessity be in their best interest. She does not see herself being separated from them as that will prejudice her relationship with them. Her proposed move to Cape Town is supported by her psychologists, Ms Becker and, Ms Chelvers. [28] The Applicant asserts further that the Respondent whom she describes as ‘exceedingly wealthy’ can still exercise his rights as per the orders of Van Oosten and Victor JJ. She does not foresee any problems whether financially or otherwise for The Respondent to fly to Cape Town to see the children as he does presently in Johannesburg. [29] In response to the Applicant’s averments, the respondent alleges that it will not be possible for him to travel to Cape Town on a weekly or monthly basis as this will necessarily involve increased costs for him. Moreover, it will take him away from his only source of income, his work. [30] The relocation of the minor children means that he will have to seek accommodation in Cape Town, transport and time off work in order to exercise his rights. His ability to generate income will be immensely impaired and that could have devastating repercussions for both the minor children and the Applicant especially as she is unemployed and fully dependent on the monthly maintenance that he pays. [31] The Family Advocate unequivocally recommends that the status quo be maintained because to move the minor children to Cape Town will reverse the stability that has prevailed since the introduction of the increased access by their father. The Applicant herself has agreed that all three minor children like their father and that they cannot wait to visit him. The Family Advocate also alludes to the fact that Gabriel, the eldest of the minor children appears settled with her friends at school. [32] Moving them to Cape Town under these circumstances could upset their routine and bring unnecessary shock to their lives at the time when they are beginning to settle. The Family Advocate is an expert in these kind of matters and he undoubtedly compiled the report with the best interest of the minor children in mind. This court has no reason to doubt the outcome and accordingly adopts it. [33] In the result, the following order is made:

1. The application is dismissed;

2. The Applicant is ordered to pay the costs as between attorney and client.