Judge criticises parents' foul language in child dispute case

In presiding over the refusal by a father that the child’s mother take her along to a trip to Europe, a judge voiced his displeasure at the fact that the parents used foul language in their court papers in referring to each other.

A Western Cape High Court judge noted the history of acrimony between the parties and said this much so is evinced by the foul language used and the profanity that decorates the acrimony between the parents.

“These profanities are most evident from the First Respondent’s (husband) papers. For example, he accuses the applicant (mother) of ‘being a con artist, blatantly lying under oath and behaviour representative of borderline and narcissistic traits,’” the judge said.

He added that he will not recite each and every one of them as if to give credence to them. He noted that the mother too has thrown similar profanities at the father and even accused him of criminal conduct.

“What these profanities reveal is that the conditions that each of the parties suggest should be incorporated in the order of this court regarding O’s (the child) travel overseas have nothing to do with her best interests. The parties have used this application to have a go at each other and to ventilate issues that are irrelevant to this application,” the judge said.

The mother turned to court as the father refused that their daughter accompany her on her trip. She also complained that he had ignored a previous court order that he had to rectify details on the child’s birth certificate.

This presents difficulties in obtaining the passport and visa for the child. The mother, meanwhile, wants her daughter to travel with her next month to the Czech Republic. The daughter, born out of wedlock between the parties, is now 12.

The parties have been embroiled in lengthy litigation as the father at first disputed paternity. DNA paternity test results, however, confirmed that he is the biological father. As he at first disputed paternity, his details were not included on her birth certificate - something a court earlier said he had to rectify. However, six years after that order, he still has not done so.

Frustrated by his non-cooperation, the mother launched the present application on an urgent basis, as well as for him to give his consent for the child to travel abroad. The husband, meanwhile, said he will give his consent if the mother consents to a long list of his demands. These include that he knows at all times where she is staying while in Europe and he wants the time of exactly when he can speak to his daughter while she is abroad. He voiced his fears that the mother will not return to South Africa with the child.

The judge remarked that there is no evidence to suggest that the father has even taken a moment to engage the child’s views on the planned overseas trip.

“In this day and age, a 12-year-old child can express her own views on a matter that interests her. Generally, children enjoy travelling to places they have never been, and if the places are overseas, the enjoyment is accelerated,” the judge said in granting the mother permission to travel with the child.

zelda.venter@inl.co.za