JJVW v NVW [2022] ZAGPJHC 808


18 October 2022


Variation of order sought for contact regime with child and changed circumstances

Mr VW is amidst an acrimonious divorce from Mrs VW; Budlender AJ endorsed an interim order governing their rights and obligations regarding spousal maintenance, custody of, and contact with the child; Mr VW now seeks to vary that order in terms of Rule 43(6).

Discussed: Allegations of physical, sexual, and emotional abuse; contact between Mrs. VW and the child; the in-person contact arrangement provided for in the 29 November 2019 order completely collapsed when Mrs. VW drove a car into her sister’s ex-husband, causing unspecified injuries to him, and what are called “minor” injuries to his father; Mr. VW says that Mrs. VW’s conduct was at the very least reckless, and that this made it dangerous for Mrs. VW to have any further in-person contact with the child; Mr. VW now seeks to vary the 29 November 2019 order to provide for some limited and supervised contact between child and Mrs. VW; he relies on the incident to demonstrate the changed circumstances necessary to justify such a variation.

Order: Paragraph 17.2 of the order of Budlender AJ, dated 29 November 2019 (“the Rule 43 order”) is suspended.