Before she can have phased-in contact with her 8-year-old child, the divorced mother must undergo random urine drug screening as well as attend and complete a psychological assessment to assist her with anger management and impulse control.
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According to IOL, the child’s father petitioned the Western Cape High Court to have his and his ex-wife’s parenting agreement revised. Following the mother’s recent assault on the child, the court sought the assistance of experts.
The child, a girl, lived with her mother, but following the assault, her father went to get her.
The mother’s sister sent the father a recording in which the mother assaulted the child and threatened to repeat the assault. On the same day, the father took the child from her custody.
In the previous divorce decree, the mother was designated as the child’s primary carer, while the father was granted standard contact rights.
Court documents revealed that the father obtained a protection order against the mother in 2019. This, among other things, prevented her from committing acts of domestic violence against the child.
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This application was prompted by concerns and allegations of physical and emotional abuse by the mother against the child, even after a domestic violence order had been obtained against her.
A psychologist who investigated the case concluded that the mother lacked parenting skills. She yelled at the child and was not prepared to have him in her care for an extended period.
It was determined that she needed to participate in individual therapy to learn to control her impulses and frustrations. The mother also needed to learn how to deal with anger in a more constructive manner.
According to the psychologist, the mother needed to stop using drugs and alcohol. The expert told the court that the mother’s volatility was a concern and that she needed to live a drug-free life.
The father told the court that the child’s mother needed to demonstrate that she had changed, and that a mechanism should be in place to ensure that this occurred.
He agreed that gradually increasing the mother’s contact with the child would protect the child, but she needed to demonstrate that she had changed.
Judge Constance Nziweni stated that the best interests of a minor child were enshrined in the Constitution as a fundamental constitutional right for all minor children. The high court, as the upper guardian of all children, had a special responsibility to protect them.
She said, ‘As such, this court can interfere with parenting to prevent serious harm to a child and protect the welfare of a child.’
The judge was concerned because the mother reportedly had a drug relapse recently.
Thus, in her order, the judge made it clear that the mother must undergo random drug tests as well as anger management classes before she can resume full contact with her daughter.
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