Home For Christmas

Most family law practitioners will tell you that December truly is silly season! We are usually tasked with planning family holidays for Christmas, to ensure that children are able to spend time with their families, as we all wish to do.

For one family, this was incredibly important. Joy*, a four-year-old little girl was sexually assaulted and removed from the care of her parents in May 2023. She was removed out of what the social workers have described as “caution”, in case one or both of her parents may have been involved in the sexual assault. There was, however, no proof at the time of the removal that this was the case.

Little did her parents know, that she would not be returning for a very long time. In June 2023, Joy was sent to a children’s home, where she had no contact with her parents whatsoever.

Despite the SAPS conducting thorough investigations and clearing all of Joy’s male relatives of any involvement in the assault, the Department of Social Development (DSD) refused to return Joy to her family. It is still unclear what this decision was based on.

Joy’s mother was eventually allowed to make a few visits to the home to see Joy, but these visits were few and far between, and were all under supervision.

A further disturbing fact was that Joy had not been provided proper therapy while in the care of the DSD. The actual perpetrator is therefore still unknown and at large, while she had a loving and caring family wishing for her return so that they could help their little girl heal.

Joy’s parents were at their wits end and decided to approach Adams & Adams to assist in bringing Joy home.

After various court appearances, struggles with the DSD to obtain proper information and reasons why Joy was still in the children’s home, and 18 months passing since she had been removed, we have succeeded in obtaining an order to have her released to her mother, before the festive season.

Although there is a very long road ahead for Joy, it will indeed be a very merry Christmas!

*the child’s name has been changed to protect her identity

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