Kirsh v Kirsh (1999) 2 All SA 193 (C)

Main Issue: Abduction and the application of the Hague Conventions in particular from the view point of the best interest of the child.

Findings: Parties had been divorced in the US and custody of their minor son had been awarded to the respondent, the mother, with liberal visitation provisions in favour of the applicant. Following of an incident of alleged abuse, respondent suspended visitations of applicant and later came to Cape Town. The applicant (father) applied for the return of his child to their habitual residence and that the issue of parental custody and access is determined in the jurisdiction of the York County Family Court in South Carolina. Court found the wrongful removal of the child against the Hague Convention on the Civil Aspects of International Child Abduction and ordered the return of the child back to the USA.

Court also considered, as its duty, to make appropriate orders to ensure maximum possible safety of the child until the foreign court could resume its role.