Brett Leonades Pissas and Helen Louise Pissas

HH 35-2008

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Case Details

Court

Harare High Court

Date

9 April 2008

Citation

HH 35-2008

Neutral Citation

[2008] ZWHH 35

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

GOWORA J

Full Bench

GOWORA J

Areas of Law

Family lawChild custodyAccess rightsInternational relocation

Keywords

CustodyAccessRelocationPassportsInterdictAppeal

Key Issues

{"issue_text":"Whether the applicant required leave to appeal against the relocation order","issue_type":"procedural","dispositive":"yes","related_facts":"Order involved custody and access rights"}
{"issue_text":"Whether the noting of appeal suspended the relocation order","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal noted on 25 March 2008"}
{"issue_text":"Whether access rights are an incidence of custody for appeal purposes","issue_type":"law","dispositive":"yes","related_facts":"Applicant seeking to enforce access rights"}

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background

Facts of the Case

Background

The parties were formerly married with two minor children. After their divorce, the respondent was awarded custody and the applicant was granted access rights. The respondent obtained an urgent order from GUVAVA J on 18 March 2008 allowing her to relocate with the children to the United Kingdom. The applicant noted an appeal against this order and sought urgent interim relief to prevent the respondent from removing the children from Zimbabwe pending the appeal.

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