The fate of 6-year-old twins hangs in the balance as allegations of substance abuse and dangerous behaviour force a dramatic custody reversal.
The matter, before the Gauteng High Court in Johannesburg, revolves around a couple, married until their divorce on 2 March 2022. Their post-divorce agreement included stipulations for shared parental responsibilities and the primary residence of the children being with the mother, while the father was granted unrestricted visitation rights.
However, escalating tensions brought a flurry of claims and counterclaims, culminating in an urgent application by the father late last year. This revealed serious concerns about the mother’s conduct, particularly allegations of alcohol abuse and violent incidents involving firearms during a party hosted at her residence, where the children were present.
Following repeated mediation sessions, in November 2023, all parties involved agreed to appoint professionals to assist in structuring a better parental relationship. By February 2024, psychologist Dr G Del Fabbro was brought on board for an in-depth forensic assessment of both parents.
Del Fabbro's report, released in March 2024, raised alarms over the mother’s alcohol consumption, which was found to be above acceptable limits. Evidence collected indicated that her behaviour deteriorated significantly during tumultuous custody arrangements. Witness accounts from the event of 6 September 2023, where firearms were allegedly brandished, revealed a pattern of instability concerning the children's safety under her care.
The court maintained that the best interests of the children were paramount, invoking South African constitutional principles that emphasise child welfare in parenting disputes. Under Section 28 of the South African Constitution and the Children's Act 38 of 2005, the rights of children are given precedence in all matters concerning their care and protection.
On 10 March 2025, Judge F Marcandanatos ruled that the children's primary residence should be with the father, following the grave concerns outlined in Del Fabbro's recommendations. The report advised that, given the mother’s chronic alcohol abuse, structured and supervised visitation should be established to ensure the children's safety and emotional wellbeing. Furthermore, the mother was instructed to engage in comprehensive treatment programmes to address her alcohol dependence and the negative behaviours that could potentially harm the children.
Del Fabbro's final recommendations were clear: both parents need to undergo therapy to mitigate the high conflict and promote healthier communication strategies.
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