ZELDA VENTER
In facing an appeal by a father against a lower court order that his two sons’ grandmother may have contact with them, a judge remarked that “grandparents, like heroes, are as necessary to a child’s growth as vitamins.”
The Eastern Cape High Court sitting in Makanda further noted that the father involved in this appeal does not share this sentiment.
Following the death of the children’s mother - a nurse - the maternal grandmother of the boys - aged nine and 13 - applied successfully to the Children’s Court to have contact with the children.
This was after the father, with whom the children are now staying, refused contact with her or her family.
The father was upset about the order by the Children’s Court, which stipulated that the grandmother can speak to the children telephonically during certain times and that they may visit her during holidays.
He turned to the high court to appeal this ruling.
The mother of the children, now deceased, had, in life, been a professional nurse employed by the South African National Defence Force.
Although they were never married, she and the appellant had two sons, who lived with her at the time when she died in a car accident. They subsequently moved in with their father, where it is reported that they are well cared for and have a stable home.
The grandmother is a widow living alone in a large four-bedroom house. She is in good health, both mentally and physically, and said that she is well able to look after the children whilst they are in her care.
She told the court that she had always been a part of their lives and at one stage they had lived with her.
After the death of her daughter and when the children had moved to their father, she asked him permission to still have contact with them and whether they could visit her from time to time.
He agreed to this, but later had a change of heart. He had sent her a message in which he said it wouldn't be possible, as he had decided to sever all ties with the family of the children’s mother.
A social worker, who had investigated the grandmother’s circumstances, told the court that he could not find anything to suggest that the boys would be subject to any form of abuse if they were to visit the granny, as she only had their best interests at heart.
Judge JW Eksteen meanwhile explained that the Children’s Act calls for a child-centred approach. It does require the court to have regard to the personal relationship between the child and the parent, caregiver, or any other person relevant in the circumstances.
He noted that the children had a good relationship with their grandmother prior to the death of their mother, but they have not had any meaningful contact in the last two years with her.
The father meanwhile said he would allow supervised visits between the grandmother and the children. He suggested that it should take place at a “safe place” like a police station.
But the court noted that the father has not laid any basis for fearing for the children’s safety with the grandmother.
“The visitation of the boys with their grandmother in a police station strikes me as most inappropriate for their emotional and psychological well-being,” the judge said.
Judge Eksteen ruled that the children may visit their grandmother and communicate with her, but he said as they have not seen each other in a while and to avoid further trouble, this should be done in a structured manner.