Durban attorney Estelle de Wet has been lambasted by KZN High Court (Durban) Judge Themba Sishi for ‘completely unacceptable, obstructive conduct’ in her handling of a matter before the Family Advocate’s Office involving a father’s bid for access to his son. The Mercury reports the ruling – against which the attorney intends to appeal – sets a precedent in SA, effectively barring attorneys from being present during family advocate interviews.

In the case, the father of a boy (2) sought an order barring De Wet from sitting in as an observer during a court-ordered interview with a family advocate in his attempt to get more time with his son. He alleged in his application – which was argued before Sishi earlier this year – that De Wet smirked at him and made him feel uncomfortable. He also alleged she was making worse an acrimonious relationship with the child’s mother.

De Wet denied this, saying she neither liked nor disliked him and was just doing her job. In his judgment, Sishi noted that the Office of the Family Advocate was established by the Mediation of Certain Divorce Matters Act and its procedures were fairly unregulated but always had to be in the best interests of the child. De Wet insisted that her client had a right to representation, that she was not prepared to be in the same room as the father and would not attend the inquiry unless her wishes were accommodated.

Sishi said: ‘These demands amounted to an obstruction of justice. This conduct not only undermines the integrity of the Office of the Family Advocate but also undermines the integrity of the court.’

Full report in The Mercury (subscription needed)