Judgment from the Pretoria High Court launched on an urgent basis by the curatrix of two minor orphaned children, Adv L Haupt SC.
The first and second respondents are the children’s maternal grandparents, who were nominated as guardians by the children’s father. The father nominated the first applicant, his brother, as substitute guardian. The first applicant is married to the second applicant. Growing animosity resulted in the applicants being awarded contact rights in an urgent application before Avvakoumides AJ on 10 December 2019.
The crux of the dispute was the respondents’ continuous non-compliance with the order in preventing the applicants from exercising contact with the children. The respondents filed an unsubstantiated counter-application for the discharge of the curatrix which was dismissed. Holland-Muter J ordered that pending the finalisation of expert reports, the respondents are to comply with the contact order, attend personal therapy, and attend family therapy with the applicants and the children. The respondents were also ordered to account monthly for all monies received from the children’s trust. Costs were awarded to the applicants on a party and party scale.
Welgemoed and Another v Potgieter and Others (88660-2019) [2024] ZAGPPHC 13 (2 January 2024)