It's #casetalkTuesday! Today we applaud the Legal Aid SA Bellville Local Office, and a matter handled by Civil Legal Practitioner Janine Pretorius. BACKGROUND - Legal Aid SA is on record for 2 minor children aged 9 and 6 years old, by appointment of the Children's Court. - Their mother is deceased and they were removed from their father’s care in September 2021 in terms of section 152(1) of the Children's Act 38 of 2005, because they lived in or were exposed to circumstances which may seriously harm their physical, mental or social well-being. They were placed in the temporary safe care of their maternal grandparents. - The Court confirmed the removal and ordered an investigation into whether the children are in need of care and protection. - The father was uncooperative with the investigation. He was aggressive and adamant that the children must be placed back in his care. WHAT HAPPENED IN COURT? - Janine found that the father remained uncooperative with the investigation into the best interest of the children. - She consulted extensively with the children and supervised a contact visit the children had with their father. Janine found that the children expressed the view, both verbally and through body language, that they do not want to live with him or sleep over by him. They just want day visits. - Janine argued that although the children are young, their views remain important as expressed in the various ways in which they engaged with their father. She argued that the children should be placed in the foster care of their maternal grandparents to provide stability, that contact with the father should continue and that the children go for therapy. OUTCOME The Court accepted the recommendation and the children were placed in the foster care of their maternal grandparents for 2 years with various orders regarding contact and therapy. In this matter, Janine enforced the rights of the voice of the child in proceedings about them by ensuring that the Court not only heard the wishes of the children as verbally expressed but also as expressed through their behaviour and actions. Proudly #legalaidsa
#TeamBellville
Ronelle Arendse
1mo
Well done Janine
Liezle Boer
1mo
Well done! Janine
Attended Tshwane University of Technology
3wKeep growing