South Africa: Father wins court case to stop his ex-wife from moving to Dubai with daughter

In court, a father has won to stop his ex-wife from resettling to Dubai with their 11-year-old child. David Makhoba, the Judge, gave the ruling that the evidence that was placed before him was not in favour of the mother's court application.

In court, a father has won to stop his ex-wife from resettling to Dubai with their 11-year-old child. David Makhoba, the Judge, gave the ruling that the evidence that was placed before him was not in favour of the mother’s court application.

The mother, who gave divorce to the father in 2014, desired to relocate with the 11-year-old daughter, identified as L, to Dubai to be with her new husband.

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After the divorce, the daughter lives with her mother because of a prior residency agreement.

The father was continuously involved in her life and took her over as they shared a joint-parenting plan.

It became a basic reason before Judge Makhoba that their daughter was close to both of the parents and also the immediate extended family members.

Judge Makhoba discovered that the mother did not present with the idea of how L’s relationship with her father would be protected if they both relocated to Dubai with the new husband.

The mother’s case was also overruled as L expressed a wish to not to move to Dubai.

She disclosed this in a letter that she wrote to seek legal help to participate in the case.

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Her father presented the letter before Judge Makhoba.

Currently, the family has been residing in South Africa since their marriage but started living in different apartments after the divorce.

Judge Makhoba stated that the court had a duty to safeguard the rights of the father.

“In my view, L’s interest would be served by staying in closeness to both parents and that a detachment from either parent would be prejudicial to her wellbeing, particularly when there is no agreeable agreement between the applicant and respondent,” stated the judge.

“I, therefore, find that the proposed relocation of L to Dubai is not in her best interest.”

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