South Africa: Eastern Cape High Court, East London Local Court

IN THE HIGH COURT OF SOUTH AFRICA

EAST LONDON CIRCUIT LOCAL DIVISION

CASE NUMBER: EL 528/19

Friday, 23 AUGUST 2019

Before the Honourable Madam Justice Hartle

In the matter between:

THE CHIEF FAMILY ADVOCATE OF THE REPUBLIC

OF SOUTH AFRICA AS REPRESENTED BY MR. KEUBEN

GOUNDEN, SENIOR FAMILY ADVOCATE EAST LONDON                 APPLICANT

and

IRRJ                                                                                                          RESPONDENT

SUPPLEMENTARY ORDER

Pursuant to paragraph 6 of this court’s order dated 16 August 2019, and after hearing the parties’ submissions, and by consent, the following supplementary order issues:

1.   The children shall be returned to the care of the father in New Zealand pending the outcome of the decision of the Court in New Zealand as ordered by this court.

2.     

2.        The Respondent shall not return to New Zealand with the children, namely L and A.

3.         The children’s paternal grandmother, Ms. J[…] S[…] will accompany the children on the flight from South Africa to New Zealand. 

Alternatively,

4.          The children’s father shall travel to South Africa and accompany the children back to New Zealand. 

5.          The children’s father shall pay for the flights for the children’s paternal grandmother, Ms. J[…] S[…] and or his own flight as well as for the children.

6.          In the event that the children’s paternal grandmother, Ms. J[…] S[…] is to accompany the children, the children’s father shall uplift the children from the airport upon their arrival in New Zealand.

7.          The children shall primarily reside with their father who will be responsible for their day to day care.

8.          The children shall attend Gulf Harbour School.

9.          The Respondent shall be entitled to regular contact with the children either by telephone, video call, Skype or WhatsApp or any other reasonable arrangements in respect of contact.

10.        The children’s father and the Respondent shall engage urgently in the peremptory mediation required by New Zealand law before making application to the New Zealand Family Court for a parenting order and/or with regard to further issues that may arise.

11.        The children’s father does not consent to any long term parenting orders being made by the South African Court and commits to attending the peremptory mediation in New Zealand to resolve such issues. In the event that such mediation is unsuccessful, the children’s father shall make application by the date envisaged in paragraph 7 of the initial order made by this court on 16 August 2019 to the New Zealand Family Court for final determination of their respective parenting rights concerning the children. 

BY ORDER OF COURT

REGISTRAR