Headnote Pending finalisation of the parties' divorce, they concluded a settlement agreement in terms of which the applicant was to have interim custody of their minor daughter, Cgat. Notwithstanding the agreement, the respondent removed Leloba from the applicant's custody without his consent.
The respondent resisted the application on the ground that she had removed Leloba from the applicant's custody because he displayed improper sexual conduct towards the. The respondent also denied the existence of the alleged settlement agreement.
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Held: 1 The settlement agreement, which included agreement on the interim custody of Leloba, had been proved. The facts are sufficiently stated in the judgment. P Thuto for the plaintiff. M Kgafela divvorce the respondent. The pleadings have closed and the parties await the final case management conference.
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In the substantive action, both parties claim custody of the minor child of the marriage, Leloba Mokgaba Thema, a girl, born on 17 August hereinafter referred to as Leloba. Pending the final wwinsen of this application that paragraphs 2.
When counsel for the parties first appeared before me, it was agreed that the matter was, indeed, urgent and I directed that answering and replying affidavits be delivered within substantially truncated time frames. The applicant's founding affidavit is a chronologicallargely uncontroverted, of the events leading to this application.
The applicant avers that he is a diplomat in the service of the Botswana Government and over the years, has served at a of foreign missions, the last overseas posting being Belgium in Sincethe parties' marriage had been an unhappy one but it disintegrated completely in Belgium, with no prospect of reconciliation.
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Husband and wife - Divorce - Children - Custody of children - Interim custody Leloba Mokgaba Thema, a girl, born on 17 August (hereinafter referred to as Leloba). custody is her allegation that the applicant has sexually abused Leloba. Wknsen p of their authoritative work Herbstein and Van Winsen The Civil.
❶There is nothing in the papers to suggest that she was in any way WALIA J compelled to enter into the agreement on the interim custody of Leloba. The demand for payment of P2 per month is unsupported by any affidavits as to means or other information necessary to enable the court to base its decision on.
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Two days later, he saw his daughter at school and was able to ascertain that the respondent and Leloba were living at a shelter for abused women and children. The applicant avers that he is a diplomat in the service of the Botswana Government and over the years, has served at a of foreign missions, the last overseas posting being Belgium in Paragraph 22 of her affidavit sums up the situation: 'On Monday 24th MayI went with the respondent back to her attorney's offices. She avers that she discussed the incident with her cousin in the United states of America.
The respondent also denied the existence of the alleged settlement agreement. The applicant's founding affidavit is a chronologicallargely uncontroverted, of the events leading to this application. At this stage, divorce proceedings had been commenced and correspondence between the parties' respective attorneys indicated that the respondent had agreed to the applicant having interim custody of Leloba.
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To recapitulate my findings: 1. He then returned to Belgium having entrusted Leloba to his sister.
She did not wish to go but the applicant persuaded her to, suggesting that divroce friends also go with her. If this were not done, the respondent might be able to raise fictitious issues of fact and thus delay the hearing of the matter to the prejudice of the applicant. She denies that she was allowed free access to Leloba and claims she was only allowed to see her while the applicant's sister 'hovered around'. The respondent shall have reasonable rights of access to Leloba and shall exercise such rights in terms of paras 6.|I've an inherent weakness for a feminine female with best eyes, a smile, legs, an infectious smile, nice nails, and a libido.
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