Equal time with parents doesn’t always equal the best arrangement for children

Landmark judgment shows a careful investigation into individual family circumstances must be done to ensure agreements benefit the children in divorce cases

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.The South Gauteng high court addressed issues relating to the shared residency of minor children in a recent judgment relating to three separate unopposed divorce matters.

The family advocate also found that, despite the parents’ testimony, their communication was far from effective and that they had even been involved in an altercation on school property. It was also determined that both children were displaying regressive behaviour and struggling to adapt to the shared residency arrangement, which was exacerbated by the acrimony between the parents.

The court also questioned why the parties had agreed that cash maintenance would not be payable to the mother of the children, considering the significant difference in the parties’ earnings. In the VZ matter, the parents again described an idyllic situation in which they had equal contact with the children and co-parented in a harmonious way to their benefit.

This is in line with section 9 of the Children’s Act 38 of 2005, which provides that the childrens’ best interests must be of paramount importance in all matters concerning their care, protection and well-being. More often than not, there is ample evidence to the contrary. However, courts are not always presented with the necessary evidence and are expected to make a decision based only on the scant information in the settlement agreement reached between the parties and not the actual facts of the case.

This important judgment highlights that investigation into the children’s requirements must take place in both opposed and unopposed matters. Often parties do not expect to be grilled on the facts and circumstances in instances where an agreement has been reached.

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