Lawyers in the case of a Durban attorney accused of behaving ‘maliciously’ in a matter involving access to a child clashed this week, according to a report in The Mercury. Estelle de Wet, who specialises in family law, has come under fire from the office of the Chief Family Advocate for allegedly stoking already acrimonious fires between her client, the mother of the child, and the father of the two-year boy. The matter is before court in an application by the father for an order excluding De Wet from sitting in, as an observer, during his interview with a family advocate in his attempt to get more time with his son. He has alleged that De Wet smirks at him and makes him feel uncomfortable. De Wet has denied this, saying she neither likes nor dislikes him and is just doing her job. When the matter came before KZN High Court (Durban), Advocate Stuart Humphrey accused De Wet and her client of wanting to ‘dictate’ to the Family Advocate what it could and could not do. ‘She says she is only acting on instructions from her client, but that is not so … Given her obstructive conduct, should the court grant the order, she should be ordered to pay the costs.’ But Advocate Barry Skinner, for the mother, said the father’s case was all ‘smoke and mirrors’. He said the truth was that the Family Advocate’s inquiry had not gone ahead because the father had not wanted De Wet present – as she was entitled to be, according to the practice adopted in the Durban office – because he had a personal problem with her. Judgment was reserved.

Full report in The Mercury (subscription needed)

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