Abrie v Abrie
| Jurisdiction | http://justis.com/jurisdiction/166,South Africa |
| Judge | Wright J |
| Judgment Date | 15 September 2023 |
| Citation | 2023 JDR 3562 (GJ) |
| Hearing Date | 15 September 2023 |
| Docket Number | 2022/021236 |
| Court | Gauteng Local Division, Johannesburg |
Wright J:
This case comes before me, as a matter of urgency, on Friday afternoon, 15 September 2023. The applicant man and the respondent woman are divorced but live 400 metres apart in different units in the same complex. They have two minor children, aged 15 and 9.
The applicant seeks urgently an order that the primary custody of the children be awarded to him on an interim basis and that the respondent be awarded access to the children on alternate weekends supervised by her parents. He seeks also an order now that the matter be investigated by an expert psychologist and reported on urgently.
The applicant alleges that the respondent has recently, and not for the first time, attempted suicide. He attaches a document in the form of a note by the respondent, in which she appears to threaten suicide. He fears that she will harm the children. He alleges that as late as 11 September 2023, 4 days ago, she again threatened suicide in a Whatsapp message. The message appears to confirm the allegation by the applicant.
Attached to the founding affidavit is a letter from the respondent’s attorney dated 12 September 2023. The applicant is accused of physically assaulting the respondent and of other forms of abuse.
In her answering affidavit, the respondent says that the applicant is an alcoholic who has assaulted her and threatened to shoot her. On one occasion, she says,
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Wright J
he was too drunk to drive back from a bar so he got their 15 years old son to drive.
The respondent had a nervous breakdown and she admitted herself to a psychiatric hospital for about 10 days.
The respondent denies suicidal tendencies but in my view the evidence points to threats of suicide.
Attached to her answering affidavit is a letter, dated 13 September 2023, two days after the last suicide threat, by her psychiatrist to the effect that she is stable and can look after her children. The psychiatrist last saw the respondent on about 15 August 2023.
The respondent attaches a photo of a broken door to illustrate the applicant’s bad temper. She says that he broke the door in a fit of rage while she was trying to avoid him.
The respondent has launched a counter-application in which she seeks joint custody, as is the arrangement at present, and an order for joint parenting with the appointment of a Parenting Co-ordinator and the input of the Family Advocate.
In the applicant’s reply he denies abuse. He says he broke the door so that he could stop her committing suicide.
In my view, the respondent is suicidal, notwithstanding her psychiatrist’s outdated letter. Her messages are clear evidence of this.
There are huge disputes of fact which can’t be decided on paper.
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Wright J
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