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In the matter between EH versus D (previously H): High Court of Namibia, 2012

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Date December 29, 20152:24 pm
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Summary

The parties in this case were married and have three children – two girls and a boy. While the children were minors, the girls stayed with the respondent while custody of the boy remained with the applicant. The boy and one girl have since matured and live separate from their parents.

The second daughter is now 15 years old. After the defendant remarried and moved away, the child was left in the custody of the applicant who still resides in the area that the children grew up in. The respondent however wishes to move the minor child to a different location and send her to a boarding school – a decision that was not welcomed by both the applicant and the minor.

The application sought primarily urgent interim relief granting custody and control of a minor child to the non-custodian parent.

It was held that the applicant failed to show that moving the child was done in the best interest of the child, and as such his claim failed.

Case no: A 3/2012: In the High Court of Namibia:  In the matter between: EH, applicant, versus D (previously H), respondent: judgment