Court orders children to remain in South Africa

The Gauteng High Court has ruled that three children at the centre of a tragic cross-border custody dispute must remain in South Africa, rejecting their Zimbabwean mother's bid to relocate them following their father's death.

Judge Stuart David James Wilson ruled that although the children loved their mother and wanted a relationship with her, it was presently in their best interests to remain in South Africa under the care of their paternal aunt, identified only as LB in court papers.

The court heard that the children's father, identified as TC, died in November last year after allegedly becoming distressed over suspicions that his wife, FM, was involved in an extramarital affair while working in Ireland.

According to court documents, the father drove the children towards Louis Trichardt before stopping along the road and instructing them to walk towards nearby construction workers. He later died after setting himself alight.

One of the children, a 12-year-old girl, reportedly suffered burn injuries while attempting to extinguish the flames engulfing her father.

Following the incident, the children went to live with their paternal aunt while their mother remained abroad because of work and visa complications.

The court found that after the father's death, the aunt deliberately prevented the mother from communicating with or seeing her children, blaming her for contributing to her husband's death.

"I have no doubt that LB has sought deliberately to keep the children from FM," Judge Wilson said in his ruling.

Despite this finding, the court ruled against immediately relocating the children to Zimbabwe because the mother intended to return to Ireland for employment, meaning the children would initially stay with relatives in Zimbabwe rather than directly with her.

Wilson noted that the children had spent their entire lives in South Africa, were settled in school there and shared strong emotional bonds with their aunt despite the ongoing family conflict.

"On balance, I am satisfied that it is in the children's best interests to remain where they are for now," the judge ruled.

The court nevertheless affirmed that the mother retained full parental rights and ordered unrestricted unsupervised contact between her and the children, including regular video and telephone communication.

The aunt was also barred from taking steps that could alienate the children from their mother.

A family advocate was instructed to investigate long-term arrangements for the children, including the possibility of future relocation to Ireland, Zimbabwe or another country.

The matter will remain under judicial supervision pending the outcome of the family advocate's report.