IN THE HIGH COURT OF SOUTH AFRICA

(CAPE OF GOOD HOPE PROVINCIAL DIVISION)

In the matter between:

and

JUDGMENT

[4] The parties to these proceedings are the divorced parents of the minor child Rikus. When the divorce order was granted it included a consent paper signed by both parties. In terms of the said consent paper, the respondent herein (the mother) was granted custody of Rikus, subject to the applicant's rights of access which were specified in the order. The divorce was granted on 12 August 2005 which is almost three years ago and Rikus is now 12 years old.

[12] The child has a positive attitude towards his father and this is perhaps to the credit of the applicant.   He is also too young and too immature to appreciate the emotional stability being provided by the respondent. It is not unusual for him to miss his father or to strongly identify with him, as Dr Schronen points out. This does not constitute a basis upon which to vary a custody order.

[13] In the result I am unpersuaded that there is sufficient reason to depart from the custody as set out in the consent paper. The application is accordingly dismissed with costs, including the costs incurred by the respondent on 15 November 2007 and 8 January 2008. The applicant is also ordered to pay respondent's costs in respect of case number 845/2008. (In the latter case Mr M D J van Rensburg is to pay the costs of R J van Rensburg).

DESAI, J