Biological parents win first round of custody battle
Publish date: 18 September 2017
Issue Number: 743
Diary: IBA Legalbrief Africa
Category: South Africa
The Eastern Cape High Court (Grahamstown) has ruled in favour of biological parents in round one of what promises to be an epic court battle for primary custody of a little boy, says a Daily Dispatch report. According to court papers, the two-year-old was largely cared for by his biological mother, Jenny, and her spouse Katy during their marriage (not their real names). But when the Grahamstown couple’s relationship broke down they separated. The child lived mostly with his non-biological mother, Katy, while Jenny moved home. But Jenny and the child’s biological father, Michael (also not his real name) – who Katy claims played a negligible role in the child’s life – want Michael to be given primary care rights. Judges Thamie Beshe and Judith Roberson last week ordered Katy to return the little boy to the custody of his biological mother, Jenny, within 48 hours pending the finalisation of the review application. They ordered Jenny and Michael to institute review proceedings within 10 days or they said their interdict suspending the magistrate’s order would lapse.