L v L [2022] ZAGPJHC 846

MOORCROFT AJ

31 October 2022

Children

Primary residence of minor children pending litigation

Rule 43 application; application for an order pendente lite regulating firstly the primary residence of the minor children, a nine-year-old girl, and a seven-year-old boy, and secondly the need for a Voice of the Children assessment.

Discussed: Best interest of minor children; Ms L objects to shared residence based on aspects of Mr L’s behaviour that she does not approve of; both parties will reside close to the children’s school and the two residences are not far apart; both parents are involved with their children and both have the interests of the children in mind; there are no practical problems with alternating residence on a weekly basis; the parties and the children may benefit from a Voice of the Children assessment; application and affidavits not complying with Rule 43.

Order: Dr Ronel Duchen, alternatively, Irma Schutte, shall conduct a Voice of the Children Assessment in respect of the children; the primary residence of the children shall be shared equally and between applicant and respondent.