The High Court in Johannesburg ruled a mother, ending her husband’s parental responsibility and rights to both children.
The couple got married on December 12, 2009 and have two minor children, born in 2012 and 2015, respectively. He has not played an active role in the lives of his children since then.
The court heard the father had contacted the children during his appointment in 2016 at the Family Advocate Office. Despite the suggestion of a re-end of the therapy, he did not attend any planned courses even though the mother arranged and negotiated a reduction in the rate. Later, he canceled all appointments, including supervised contact meetings.
The mother also said that the father had been inconsistent in complying with the maintenance obligations and refused to sign documents for children to obtain their passports despite their participation in sports and opportunities to travel abroad.
The voices of children reported by social workers found that children had no emotional attachment to their fathers. The report concluded that it would be in their best interest to terminate his parental responsibility. The children made it clear that they didn’t want to contact him, the eldest son refused to keep any pictures, and the youngest said he didn’t remember him.
In making the decision, the Court referred to Section 28(1)(a) of the Children’s Act, which allows the termination or suspension of the parent’s responsibilities and rights if the parent’s responsibilities and rights are in the best interest of the child. Article 28(4) requires the court to consider factors such as parental commitment, parent-child relationship and the overall welfare of the child.
Judge Dupresis ruled that the father failed to maintain personal relationships with the child, demonstrated a commitment to their happiness, or provided financial and emotional support. The judge added that the father’s refusal to agree to a child’s passport further limits their opportunities and development.
“The law and facts force the court to act in the best interest of the minor children,” Dupresis said. “They have the right to enjoy an unnecessarily emotionally troubled future and have the right to let them know that those responsible for growing up always serve them.”
The court ordered the termination of the father’s parental responsibility and custody and care rights. The mother was declared the only guardian of the child.
