F v F (2024-114386) [2025] ZAGPJHC 174 (25 February 2025)
Judgment of F v F regarding the termination of parental responsibilities and rights.
The applicant applied under s 28(1)(a) of the Children’s Act to terminate the respondent’s parental responsibilities and rights, citing his prolonged absence, failure to fill financial obligations, and the children’s expressed wishes. The respondent filed an opposing affidavit (not properly commissioned) leading to a point in limine regarding its admissibility. The central issued was whether the termination of the respondent’s parental responsibilities and rights was in the best interests of the minor children, considering his lack to involvement, the children’s wishes, and the applicant’s sole care for them over 8 years.
The respondent’s prolonged absence, failure to provide financial support and emotional support, and refusal to cooperate in matters concerning the children were significant factors. A voice of the child report was compiled by a social worker and showed that the children have no emotional attachment to the respondent and that granting the relief sought would be in their best interests.
The application was granted, terminating the respondent’s parental responsibilities and rights.