- A Children’s Court order from February 2026 had suspended the applicant’s parental responsibilities and rights, but that order has now been changed to allow contact again.
- The applicant can now spend alternate weekends, half of all school holidays, birthdays and Mother’s Day with the children. They are also allowed extra electronic communication.
- The Family Advocate is required to investigate how the children are cared for and how contact is arranged, and then must submit a report before the rest of the issues are decided.
The High Court in Pretoria has given a parent back contact with their minor children, after changing an earlier Children’s Court order that had suspended the parent’s responsibilities and rights.
Judge J Hassim granted the unopposed application on 26 October 2026, after reading the submitted papers and listening to the applicant’s lawyer. The order provides temporary relief until the court makes a final decision on Part B of the application.
The case began with an order from the Children’s Court for Johannesburg North, which met at Randburg on 27 February 2026. That order had suspended the applicant’s responsibilities and rights as a parent to the minor children.
The applicant later went to the High Court, which changed the Children’s Court order according to Section 28 of the Children’s Act 38 of 2005. This change lifts the suspension just enough to allow the parent to have contact with the children while the rest of the issues are being considered.
Alternate weekends and school holidays
Under these temporary arrangements, the applicant can spend every other weekend with the children, from Friday at 5pm to Sunday at 5pm. The applicant will also see the children for half of each school holiday, whether long or short. Easter and Christmas holidays will alternate between the parents every year.
The order also says the applicant may spend time with the children on their birthdays and on their own birthday, from 10am to 4pm. Mother’s Day contact is allowed as well, for the same hours.
Besides in-person visits, the applicant may have reasonable telephone, video or electronic contact with the children at any reasonable time. The parents can also agree to more contact arrangements if they wish. The applicant can pick up the children from the respondent’s home at the start of each visit and return them when the visit ends.
Family Advocate to investigate care arrangements
While restoring contact, Judge Hassim instructed the Office of the Family Advocate to investigate the children’s care and contact arrangements. The Family Advocate must give both parties and the court a report with their findings and recommendations.
The investigation needs to address how the children are cared for, how contact is arranged, and what the applicant is asking for in Part B of the application. The report will help the court consider the remaining issues and decide what arrangements should be put in place.
Parties given time to respond to report
The order also sets out deadlines for the parties to file extra affidavits after they get the Family Advocate’s report. The applicant can file an extra affidavit within 10 days of receiving the report. The respondent then has 10 days to reply after getting the applicant’s affidavit.
If the applicant does not file an extra affidavit, the respondent has 15 days after getting the Family Advocate’s report to file one. The costs for Part A of the application will be decided by the court when Part B is heard, so they will be dealt with later.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
