H.S.E v H.A.E (3350-2022) [2025] ZAFSHC 45 (26 February 2025) (1)
The primary issue was whether the primary residence of the minor children should be transferred from the respondent to the applicant, based on allegations of parental alienation and the best interests of the children.
The applicant brought an application to vary a divorce order regarding the primary residence and care of the parties’ two minor children. The divorce order awarded primary residence to the respondent, with the applicant having specific contact rights. The applicant alleges that the respondent engaged in parental alienation, negatively impacting the children’s relationship with him. He relied on a 2021 psychological report by Ms Prinsloo, which recommended that the children reside with him.
The respondent denied the applicant’s allegations, asserting that the children were thriving in her care and that the applicant had failed to pay maintenance and has repeatedly pursued litigation on similar grounds without success. The Family Advocate’s report of August 2023, supported the respondent’s position, finding no evidence of parental alienation.
The application was dismissed. The court found that the applicant had failed to pay maintenance and repeatedly pursued similar litigation, undermining his credibility. The court also noted that the report he relied on was outdated. The court found the application to be frivolous and not in the best interests of the children