Today Amorette Gangel of BDK Attorneys, together with Advocate Smith, secured victory in the Johannesburg High Court for a father who had not exercised adequate contact with his son since January 2023.
Despite a Court Order regulating our client’s contact, in January 2023 the mother of the child unilaterally elected to stop our client’s from exercising contact with his son.
Our client’s only option was to attend at his son’s school in the hopes of spending some time with his son. This is neither adequate nor in the best interests of a child.
The mother launched an application to vary the Court Order based on spurious allegations and took the law into her own hands by interfering with our client’s contact.
Despite several attempts by Amorette Gangel of BDK to implore the mother to reinstate contact and a Family Advocate’s report which recommended that contact be restored, the mother refused.
Our client therefore launched a counter-application to have his contact reinstated, have the Family Advocate’s recommendations implemented and hold the mother in contempt of court.
The Court emphasised today that litigants should respect Court Orders rather than doing as they please, particularly when it comes to a child.
The Court found in favour of our client’s and ordered that his contact with his son should be reinstated this weekend already, and with a phased-in approach .
The Court went on to declare the mother in contempt of court and ordered a sentence which is suspended on the condition that the mother complies with the court order. If the mother again contravenes the order, a warrant of arrest has already been authorised.
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