A late night altercation between a mother and her teenage daughter which resulted in a broken mirror allegedly inflicting injuries on the child and a frantic call to her father to fetch her and her sister immediately, resulted in the court ordering that the children must for now, live with their father.

The mother turned to the Gauteng High Court, Johannesburg, in a bid to get her children – aged nine and 16 – back after the father, from whom she is divorced, took them to live with him. The father, in a counter application, asked to have custody over the children.

The mother was the children’s primary caregiver until recently, when a disagreement arose between her and M (the 16-year-old) which escalated into a physical altercation at the mother’s home.

This resulted in the children telephoning their father to come and collect them immediately and remove them from their mother’s home to his home late one night.  

There is a dispute about what occurred on that night. The mother contends that the incident was sparked because M had a tantrum and shouted at her. According to the mother the teenager often displays unruly behaviour when reprimanded.

The mother explained that in frustration she swung her arm at the wall, which resulted in her arm making contact with the mirror in M’s room and causing it to break. She said that the main problem in her relationship with M is that the child is being coached by her father, who discourages M from having a relationship with her.

The father’s version is quite different. He explained that M texted him in a state of distress and asked him to “help her and to come now”. The children texted that they were “so scared” and asked their father to “please hurry”.

When he got to the house he found blood splatters on the child’s shoes and clothing. Pictures taken of the aftermath of the incident are disturbing and reflect amongst others a broken mirror, a microwave on the bedroom floor and other kitchen items lying on the floor in M’s bedroom, the judge noted.

The mother meanwhile drove herself to the hospital on account of her injuries and profuse bleeding which required immediate medical attention.  

The father contends that the mother suffers with mental health challenges, that she has attempted suicide and has attended numerous rehabilitation clinics for drug and alcohol dependency. 

The judge meanwhile interviewed both children separately in chambers and said he was impressed by their maturity and insight. They were both extremely articulate and clear not only in the expression of their views and wishes, but also in the justification and reasoning for holding the views expressed. 

Both told the judge that they feel safe and emotionally secure in their father’s care and wish to remain there. It was also noted that they have been through tremendous trauma and neither child wants to have contact with the mother at this stage. M told the judge that she feels that she can now relax and be a 16-year-old in her father’s care while she is required to be vigilant and assume the role of an adult while in her mother’s care.

The court ordered that while the children remain with the father, the mother can have a two hour supervised visit a week. Experts will meanwhile investigate what is in the best interests of the children.

zelda.venter@inl.co.za

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