Cape Town - A father of a one-year-old baby girl has celebrated a victory for many fathers after gaining sole custody of his daughter.
Last week, Marius Fourie, a businessman from Elsies River, lodged an urgent application at the Cape High Court to have full custody of his daughter.
A notice of motion was made with the mother, Techian van Rooyen, the Department of Social Development and the social worker as respondents.
Children’s rights activists and legal advisers said Fourie’s case was a victory for many fathers.
Fourie provided affidavits from the baby’s caregiver including one of himself where he stated his reasons for wanting full custody of his daughter.
Fourie said he had made numerous complaints and appeals at the offices of the social workers in Elsies River. He was concerned about the well-being and living conditions of his daughter, who lived with him, but that the mother had allegedly left on several occasions with the child to her family in Uitsig.
The order of the court reads: “Granting an order that the applicant is the sole holder of parental rights and responsibilities and guardian in respect of minor child, (name withheld) Fourie.
“The first respondent is hereby directed to forthwith hand over the minor child into the care of the applicant pending the return date of 25 April, 2022.”
According to court papers, witnesses state the child was often left alone while the mother slept or wandered the streets. She would also leave human faeces inside a bucket and physically and verbally abuse the child, also forcing the baby to sleep the whole day because she wanted to sleep.
Fourie said he was left frustrated after making numerous complaints to social workers and that one employee at Badisa had instructed him that he had no rights to his child.
Fourie and the mother had been in a six-year relationship and he said that his plight was a victory for fathers who wanted the best for their children.
“I did what is best for my child, I wanted peace for my child and even now after the court order was granted, I am still allowing the mother to see the child at my residence. She is the mother and the child still needs her. My message to fathers is to continue to fight and to know your rights. With my child’s situation, I couldn’t sleep. I was stressed worrying about where my child was living.”
Fourie said the mother had left his home on November 26, abandoning the child. She then brought the police to his home. They threatened to charge him with kidnapping.
According to court papers, he said police refused to listen to him.
“On November 28, sometime towards late evening, Techian returned to my premises again, again accompanied by the police. They wanted to remove my daughter and I refused to let them take the baby as Techian does not have suitable accommodation for herself and that would mean that my child would be taken to an unsatisfactory environment and accommodation that is not conducive for my child to grow up in.”
The affidavit from the child’s carer, Catherine Hendriks, stated the mother was allegedly neglectful and abusive toward the infant.
“If she is not sleeping, then she leaves the house and walks around the streets. During these times she does not worry about the baby, and abandons the baby.
“She is extremely filthy. To substantiate this allegation, I found a huge container containing decaying human faeces in her bedroom, whilst I was cleaning her room after she left. I also found a small bag containing human or some animal teeth, accompanied by items that are used by witch doctors, in her room.
“She is seriously physically and verbally abusive to the baby. This is indicative of her actions when she pushes the child out of her bedroom and closes the door or, alternatively, forces the baby to sleep with her the entire day.”
Pravin Arjoon, who legally assisted Fourie and acted as a capacity of a spokesperson, said the matter was a victory for fathers.
“A victory to one father is a victory to all fathers. All the supporting witnesses had accuracy in their reports. There is a misconception that the court always take the sides of the mothers, but what you need to read and know is Section 21 of the Children’s Act.”
Candice van der Rheede, a children’s rights activist and founder of Western Cape Missing Persons’ Unit, also assisted Fourie with his case.
“We have so many absent fathers and we have father’s who want to be part of their children’s lives but are turned away. That is why we encourage fathers to know what Section 21 of the Children’s Act says.”
Badisa’s manager, Renee Pretorius, said they couldn’t comment on the matter due to the confidentiality of the matter.
Joshua Chigome, spokesperson for the Minister of Social Development, Sharna Fernandez, said they were not in a position to comment as the matter was still before court.
The mother, Techian said she was satisfied with the court’s decision and that she was allowed to see her child.
“I did not agree with how the social worker handled the case and how they treated Marius. I do not feel good (not having custody) but I am able to see her twice a day and I am praying for a better year in 2022.”
Weekend Argus