A family law battle that reads like a cross-border soap opera has ended with judge Stuart Wilson handing a deceased dad’s sister referred to as LB temporary custody of his three children pending intervention by the family advocate. In a dramatic rush of urgent court papers, the Johannesburg high court was petitioned by mother FM for permission to take her three minor children out of South Africa to stay with her family in Zimbabwe. The children’s aunt, LB, has been caring for the children since their father’s death in November and strenuously objected to the application to have the children taken away.
The case, heard urgently in mid-January, revolved around whether FM should be allowed to relocate her children to another country amid allegations that LB had been keeping the children from her. FM is a Zimbabwean national with permanent residence in South Africa and employment ties to Ireland. TC was the father of her two sons (nine and five) and daughter (12).
FM approached the court this month, claiming that LB — her sister-in-law — was preventing her from living with and caring for her children. FM, who arrived in South Africa on January 6, said she had an urgent work obligation abroad and needed to leave the country by January 19 to settle the children into a new life in Zimbabwe before returning to her job in Ireland. FM approached the court on an urgent basis on January 12, claiming time was of the essence.
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Wilson considered her papers and enrolled the matter for hearing on January 15, instructing that LB and the family advocate be given notice. LB swiftly opposed the application, filing full affidavits resisting the relocation. The family advocate’s office, after studying FM’s founding papers, informed the court that it had no objection to FM’s requested relief.
The parties argued their cases before Wilson over two days. During that time he also met privately in chambers with each of the children to determine their views. It emerged in court that the family had lived in Pretoria until 2023 when TC lost his job.
This prompted them to move to Bronkhorstspruit. FM managed to get a job in Ireland and relocated on her own. She supported the family, and the intention was for TC and the children to eventually move to Ireland to join her.
But in January last year the application for visas for TC and the children to relocate to Ireland was refused on grounds that TC didn’t provide all the requested information. TC was left feeling alone and burdened with the children while FM was working in Ireland. He started to suspect she was having an affair with a work colleague there.
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