Authorities Granted Cape Town mother temporary custody after her husband’s controlling behavior and unfounded allegations prevented her from seeing their daughter.
Key Points:
- Mother granted temporary custody after husband’s refusal to allow contact.
- Judge criticizes husband’s control over wife’s finances and personal life.
- No evidence supporting husband’s claims of drug abuse or danger to the child.
The Cape Town High Court granted temporary custody of the mother’s two-year-old daughter to her. This was after her husband denied her access to the child for nearly three months, citing concerns over her mental health. The mother, who had been alienated from her daughter, sought primary care of the child during a hearing at the Cape Town High Court. The court appointed a private social worker to assess her fitness as a parent.
Couple’s Troubled History and Mental Health Struggles
The couple met at a rehabilitation center in 2015, where they both sought treatment for drug abuse. They married in 2018 and settled in Cape Town, where they both hold jobs. However, the marriage has since broken down, with the couple now estranged.
In January 2025, a car accident involved the mother, leading to her admission to a psychiatric hospital for observation. During her recovery, she arranged for her daughter to stay with her mother-in-law in Bredasdorp. The husband, who claims he has overcome his own drug habit, alleged that his wife caused the accident. He said it was due to drug use and was unfit to care for their daughter. The court, however, found no evidence supporting his accusations.
Husband’s Control and Lack of Professional Support
The mother explained that she had been struggling with Post Traumatic Stress Disorder (PTSD) and postpartum depression. These complications linked to childbirth caused conditions for her. Her mental health struggles included mood swings, anxiety, trauma, and depression. In August 2024, doctors diagnosed her with Generalized Anxiety Disorder and a depressed mood. This was stemming from the traumatic birth experience.
She described how her husband rejected professional mental health care in favor of church counseling from unqualified individuals. He also claimed that the only “medicine” she needed was the gospel. Additionally, she detailed how her husband controlled every major aspect of her life, including her finances. She had no access to her own money, as he took her bank card and controlled her spending. The husband permitted the woman to buy only basic household items like bread and milk. She also had to provide him with receipts as proof.
Court’s Decision and Ruling
In defense, the husband admitted to being controlling. He however argued that it was necessary due to his wife’s alleged substance abuse. He claimed he managed her finances because she was irresponsible with money.
Judge Daniel Mafeleu Thulare criticized the husband’s financial control, highlighting that he himself had financial problems. This included being sequestrated and unable to take out credit in his name. The judge also noted that the husband had forced his wife to take out credit in her name for their purchases. Consequently leading to her being placed in debt review.
Thulare further remarked on the husband’s denial of his wife’s autonomy, including choosing her lingerie and limiting her ability to enjoy simple pleasures, such as shopping for groceries. “The controlling behavior meant that as a new mother, she was denied the memorable excursion with her newborn,” the judgment read.
The judge concluded that the husband had contributed to his wife’s emotional and psychological struggles. This by using her situation to manipulate the custody of their child. He also pointed out that there was no evidence to suggest that the mother had ever threatened the child’s life. The husband’s claims were deemed insufficient.
The judge awarded temporary custody of the child to the mother. He also ordered the husband to pay the costs of the application.
