Divorced lesbian couple in custody dispute
Publish date: 16 September 2019
Issue Number: 841
Diary: IBA Legalbrief Africa
Category: South Africa
A divorced lesbian couple is embroiled in a dispute over their children, after one of them began an affair with a man and allegedly exposed the couple's son to 'superstitious' practices, reports City Press. According to court papers, the divorced couple, each gave birth to a child during the marriage by making use of sperm donors. The couple had a boy and a girl. Since then, the biological mother of the son became involved in a relationship with a man from Hammanskraal, north of Pretoria. Her ex-wife approached the Gauteng High Court (Pretoria) in order to limit the biological mother of the son's contact rights to both children. In court papers she argues that her ex-wife's new love interest has 'superstitious beliefs' which are contrary to the Christian religion. He is also a member of the Zion Christian Church (ZCC) and she alleges that the boy is forced to follow ZCC religious practices when he is there. She alleges the man is 'ill-tempered' and that he has displayed clear bias against homosexual people. In her answering affidavit, her former spouse said, 'There is no reason to limit my contact with our children as a result of an irrational fear of (the man).' Her new life partner has a comfortable house with proper sanitation, water and electricity in Hammanskraal and he is in no way biased against homosexual people. She alleged that his 'race (black) plays a role in her anger and mistrust towards him'. Acting Judge John Holland-Muter ordered that the applicant will be the children's primary caregiver. Her ex can see the children under supervision every second weekend. Both parents have to approve the place where the visits will take place, as well as the person who will supervise. If they cannot agree, a curator will appoint the supervisor.