Mother Loses Custody of Child After Court Grants Dad Permission to Emigrate With Daugther, Dividing Mzansi

Mother Loses Custody of Child After Court Grants Dad Permission to Emigrate With Daugther, Dividing Mzansi

  • A man will be jetting off to greener pastures after the Johannesburg High Court granted him permission to emigrate with his daughter
  • The court ruled that it was in the best interest of the minor to grant the dad primary custody because of their close relationship
  • The ruling has divided South Africans, and while some believe the court made the right call others claim it's not fair to the mother

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JOHANNESBURG - A Johannesburg mother has been stripped of primary custody of her 13-year-old daughter after the High Court ruled in favour of the father emigrating with the minor.

Mother loses primary custody of child
The Johannesburg High Court stripped a mother of primary custody of her 13-year-old daughter. Image: stock photo
Source: Getty Images

The father approached the court for an order that would allow him to relocate to Croatia with his daughter when he starts his new position as a humanitarian aid contractor.

According to TimesLIVE, the 13-year-old girl expressed her desire to live with her father as she had positive experiences visiting Croatia. The child also indicated she had grown close with her father's family during the visits but didn't have much of a relationship with her mother's family.

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The mother asked that the voice of the child's report be disregarded because the daughter had been influenced into the decision by her father.

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A family advocate found that the child had a closer relationship with her father while the relationship between mother and daughter was strained.

The Johannesburg High Court ultimately ruled that it was in the child's best interest to live with her father. The judgement was based on the child's wishes, the family advocate's recommendations and the child's emotional attachment to her father.

The New Yorker reported that the court ultimately must decide whether the risk of staying with one parent outweighs the risk of separating the family.

South Africans are divided by the court's decision, while many believe the court ruled in the best interest of the child others felt it was harsh to separate a mother from her daughter.

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Here's what citizens are saying:

Mel Boke rejoiced:

"Finally, man wins for his kids."

May Henry Joseph complained:

"This is so sad. A child will grow up without her mother. She may not see it now, but one day she will need her mother."

Theophiluz Birdboy Kgasu pointed out:

"The father is as important as the mother when raising a child."

Pakisho Selaocoe asked:

"What kind of verdict is that?"

Ntanzi Manduleli Mhambi commented:

"I'm sure the court ruled in the best interests of the child."

Nemisha Maharaj Kraamwinkel added:

"The only concern would be the child's welfare, hopefully he has a good support structure in Croatia."

Ek's Julle Grootman cliamed:

"It is so sad to see that partners are failing in relationships because of their intolerance of one another, only to find that the children are now used to hurt the other parent."

Mzansi divided as South Africa’s High Court judge orders woman to go 50/50 with ex-husband for her pension

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In another story, Briefly News reported that a recent Gauteng High Court decision sparked a discussion about marriage laws in the country. People were divided as they discussed a case where a woman had to share half her pension with her ex-husband.

Online users were divided over a judgement reported by IOL where a woman had to share her pension with her husband. According to the publication, the lady argued that her former husband wasted his own pension of R1.7 million in 2019.

The Gauteng High Court ruled that the husband deserved half of her pension because he settled a part of their household debt with his pension and supported his children (from outside the marriage).

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Source: Briefly News

Authors:
Lerato Mutsila avatar

Lerato Mutsila (Current affairs editor) Lerato Mutsila is a journalist with 3 years of experience. She obtained a Bachelor of Arts in Journalism from Pearson Institute of Higher Education in 2020, majoring in broadcast journalism, political science and communication. Lerato joined the Briefly News current affairs desk in August 2022. Mutsila is also a fellow of the 2021/2022 Young African Journalists Acceleration programme, which trained African journalists in climate journalism. You can contact Lerato at lerato.mutsila@breifly.co.za