The client was the grandmother of a minor child who
was the centre of a custody application. She was
seeking assistance with an application for rescission
of judgment after a default judgment was granted
against her at the juvenile court, in favour of the
child’s father. Both parents were living in South Africa
and the child was living with the grandmother, taking turns to visit her parents during school holidays.
During the December holiday the child went to visit
her father, but instead of returning her before schools
opened, the father made an application to the juvenile court seeking custody, alleging the child had run
away from her mother and that he was not allowed to
see the child. Although the grandmother had been
served with the application for custody, she attended the wrong court and by the time she realised this
a default judgment had already been granted by the
Juvenile Court. The LRF lawyer attended court with
the child’s grandmother and mother, who had come
from South Africa. The application for rescission was
successful and the matter for custody was re-heard,
with custody being granted to the grandmother and
the father awarded rights of access.
Comment: This case highlights the plight
faced by many people who are not familiar with
courtprocedures. If the LRF had not come to the
rescue of the child her education and life would
have been disrupted as her father had stated
in court his intention to move the child to South
Africa, despite not having a stable income.
The LRF assisted a client to apply for a protection
order against her mother-in-law and for custody of
her son who had been taken without her consent.
Our client N was physically disabled and speech
impaired. She was married and the couple had two
children together. The mother-in-law chased our client away from her homestead, stating that she wanted her son to marry an able-bodied woman. She
had been forced to leave her children. Our client won
her case in court and was reunited with her children
at her homestead.
20
Legal Resources Foundation Annual Report 2015
Testimonials
“Some of my family members want to disinherit my
son … I don’t trust them. Thanks to Legal Resources Foundation now I can rest knowing that if
anything happens to me my son will benefit.”
“I want to thank LRF for their help; without their intervention I would have been evicted from the only
place that I have ever called home. All my relatives
know that I was brought up by my adoptive mother
though there has never been a formal adoption. I
went to the police with my issue; the police referred
me to the civil court. When I went to the civil court,
they advised me to go to the LRF who were able to
assist me by calling my relatives. After my relatives
were called in, we were able to reach an understanding and we are all happy. Thank you LRF.
Whenever I meet someone in need I will tell them
about the LRF. Thank you so much!”
“We want to thank you so much for your help; the
land committee gave us a portion of our plot.”
Case Highlights
An elderly Bindura woman, a victim of domestic
violence for the past 21 years, approached the
LRF after an outreach session on domestic violence. The husband was in the habit of disposing of property without consulting her and he now
wanted to sell the house in which she was living.
She was successfully assisted to apply for an
interdict to stop the sale, as well as a protection
order.
A woman who had raised her late husband’s children until they were adults was not rewarded for
her love by her stepchildren. Upon the death of her
husband, the “children”, now grown men, chased
her away from her home of 15 years because she
did not have a child with her deceased husband.
They subjected her to such torment that she fled
the homestead, onvened a round table conference and the parties agreed that she would get
her property back, leaving behind livestock and
property. LRF Mutoko convened a round table
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