The South African economy is ailing and more and people are looking for employment in other parts of the world.
A Gauteng woman who is going through a divorce and a bitter custody battle with the father of her kids wants her children's father's parental responsibilities and rights terminated so she can start a new life with the kids in Ireland.
She has now asked the South Gauteng High Court to terminate her ex’s parental responsibilities and rights. She approached the court on an urgent basis saying she had gotten a job in Ireland and wants to relocate there with their two minor children.
When stating her case, she says the matter is urgent because she is required to report for duty by 26 September 2023 and she needs eight to 12 weeks to sort out travel documents for herself and the children.
The divorce proceedings are still pending at the Springs Regional Court.
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A family advocate has been appointed and they will compile a report in respect of the best interests of the minor children with the intention to assist the Springs Regional Court.
The husband has argued that “this application is not only premature it is not urgent”.
“The wife has attached a document issued and sent to her by the ‘Nursing and Midwifery Board of Ireland’ which is dated the 26th September 2022. The document referred to above does not prove any confirmation of employment it is a general document informing the wife what steps to follow in order to qualify and be registered as a professional nurse in Ireland. This information has been with her since September 2022 and yet she decided to come to court on extremely urgent basis on the 21 June 2023,” the court heard.
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The court found that the basis for the urgent application is not supported by any information. This application is not urgent it is also premature for the reason that there is a divorce pending in the Springs Regional Court.
In hearing the matter, Judge Motsamai Makume says a family advocate still has to compile a report about the best interests of the minor children and it will therefore not be correct, procedurally, to overlook the process that has already commenced.
“In the result I have concluded that this application is not urgent and should have been struck off the roll for lack of urgency. Secondly, even if I had to deal with the merits my finding is that the application is premature because of the custody and access application before the Magistrate Court and the outstanding Family Advocate report.”
The application was dismissed and the wife was order to pay the costs.
