Facing an appeal by a father against a lower court order that his two sons’ grandmother may have contact with them, Eastern Cape High Court (Makanda) Judge JW Eksteen remarked that ‘grandparents, like heroes, are as necessary to a child’s growth as vitamins.’

The Star reports that Eksteen further noted that the father did not share this sentiment. Following the death of the children’s mother, 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 refused contact with her or her family. The father turned to the High Court to appeal this ruling. 

Eksteen 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 past 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.

Eksteen ruled that the children may visit their grandmother and communicate with her, but he said that as they have not seen each other in a while and to avoid further trouble, this should be done in a structured manner.

Full report in The Star

Judgment