AD and Another v DW and Others [2007] ZACC 27 (7 December 2007)

Reported
AD and Another v DW and Others [2007] ZACC 27 (7 December 2007)

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Urgent application. The court granting interim order appointing a clinical psychologist and expert to investigate the minor child's best interest, specifically in relation to the issue of the primary residency of the minor child. On the return day the court had to determine the issue of the best interest of the minor child more importantly relating the province where he should attend the boarding school.

A child's best interest categorised as being of paramount importance in every matter concerning a minor child by section 28 (2) of the Constitution. The standard to apply in determining the best interest of a minor child set out in section 9 of the Children's Act. The factors to take into account in considering the best interest of a child are set out in section 7 (1) of the Act.