A mother abducted her 4-year-old daughter from Europe, where she and the child’s father lived, and brought her to South Africa. During the course of last year, the Gauteng High Court, Pretoria, ordered that she immediately had to return her daughter to Luxembourg, Europe.
The mother, however, won her case on appeal before the high court. The father turned to the Supreme Court of Appeal as he wanted his child to be returned, but he was unsuccessful in his appeal.
While the court said it was not disputed that the removal of the child from Luxembourg was unlawful, it was in her best interests to stay with the mother in South Africa.
While not condoning the fact that the mother had abducted the child, the SCA found that the mother had established that there was a risk that the child’s return to Luxembourg would expose her to psychological harm.
Contact our professionals at 041 363 6044 or info@kaplans.co.za for sound legal advice.
