- Two-week alternating parenting schedule swiftly reinstated.
- Parents required to attend counselling and fully engage in expert evaluation.
- Daily phone contact allowed; new expert appointments limited.
“It is a heavy burden on a court to have to decide what is best for a minor child when that child's own parents are unable to do so,” Acting Judge Von Ludwig said in delivering judgment in this equal parenting urgent custody case.
“It is not always an abrogation of the parents’ responsibilities… It is the parents saying, ‘I know what I think is best, but it does not concur with what the other parent thinks is best.’”
Delivered ex tempore in the Johannesburg High Court, the judgment reinstates the two-week alternating care regime previously ordered by Judge Van Deventer. The court found the matter urgent and waived procedural requirements to prioritise the child’s stability, reinforcing the best interests of the child at the heart of equal parenting, urgent custody South Africa matters.
“There is no objective test as to whether you get parenting right even when you are in the happiest of families,” Acting Judge Von Ludwig noted, urging both parties to “do their best and place the child first.”
Therapy, assessment, and the limits of expertise
The judgment mandates post-relationship co-parenting counselling with social worker Heidi Reynolds or her nominee, to commence within 30 days. Costs will be shared pro rata based on financial means. An independent expert Tanya Kriel, or if unavailable, Antony Townsend or Dr Marilyn Davis-Shulman, is tasked with assessing the child’s best interests regarding residence, care, and contact. Their report is due by 15 April 2026.
Judge Von Ludwig acknowledged the limitations of rushed expert input: “No disrespect to any of the experts… but as done under pressure, which brings with it incompleteness, typing errors, inability to devote your sole time and attention to it.” The appointed assessor is granted a full mandate to conduct psychometric testing and make recommendations. All pleadings, prior reports, and court orders must be provided, and both parents are ordered to cooperate fully.
Contact, cooperation, and finality
To preserve emotional continuity, the parent not exercising care during a given two-week period may have daily telephonic contact with the child for up to 10 minutes, defaulting to half an hour before bedtime if no agreement is reached. No further expert referrals are permitted unless urgently recommended by the appointed assessor.
The Family Advocate’s investigation is suspended pending the expert’s report. Divorce proceedings must be expedited in line with court rules. Costs for the urgent application are reserved for the trial court.
“One of your parental responsibilities is to foster and promote contact with the other parent,” Judge Von Ludwig reminded both parties. “Expose [your child] to the very best of the other parent.”
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