- Maternal grandparents challenge father’s custody after mother’s death, citing neglect and unsafe conditions.
- Lower court dismissed private social worker’s report and confirmed father’s custody.
- Appeal court overturned ruling, ordering a new investigation by the Family Advocate into the children’s best interests.
The case emerged following the death of the children’s mother in March 2024. The maternal grandparents had stepped in to care for the three children, citing concerns that the father was failing to provide a safe and supportive home.
They alleged that the father left the children unsupervised, exposed them to multiple partners, and verbally abused the eldest child. The children themselves reportedly expressed a preference to remain with their grandparents.
The grandparents obtained a private social worker’s report, which confirmed the children’s accounts of neglect and recommended that they stay with their grandparents. The lower court, however, rejected the report on the basis that only a “designated” state social worker under the Children’s Act could provide admissible evidence. On this technical ground, the court finalised custody in favour of the father.
Appeal court takes a child-centred approach
Acting Judge M Bresler, with Judge M Naude-Odendaal, and Acting Judge KL Pillay in agreement, overturned the lower court ruling. They emphasised that when children’s welfare is at stake, courts must adopt a flexible, child-centred approach. Acting as the upper guardian of minors, the High Court has wide powers to consider all relevant evidence, formal or informal, in determining what serves the best interests of the child.
Missing child raises alarm
The appeal court noted a troubling development; after the lower court’s ruling, the father removed the youngest child, a four-year-old girl, whose whereabouts remain unknown. Criminal charges have been laid, and police efforts to locate her have so far been unsuccessful. Meanwhile, the two older children remain with their grandparents.
The court ordered the matter to return to the High Court before a different judge. The Family Advocate or the Department of Social Development must now conduct a thorough investigation and report within three weeks. They may consider the private social worker’s findings as part of their assessment. Until the investigation concludes, the children’s current residence remains unchanged, and the grandparents are entitled to reasonable contact.
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