Stone v Brown [2007] JOL 19226 (T)

Main Issue: Custody/ whether or not court has jurisdition to order the return of a child from the USA to South Africa

Findings: This is an application for leave to appeal against para 2 to 5 of an order made in the High Court, Pretoria in terms of which the court a quo awarded the interim custody of the daughter (Kayla) of the applicant and the respondent to the parents of the respondent and ordered that Kayla be returned from the USA to the jurisdiction of the court a quo. The judges who considered the application for leave to appeal, acting in terms of the provisions of s 21(3)(c)(ii) of the Supreme Court Act 59 of 1959, referred the matter to this court for argument and ordered that the parties should be prepared to argue the merits of the appeal should leave to appeal be granted. The applicant and the respondent were married in 1993.

Jurisdiction – interim custody order inextricably linked to order that child be returned to South Africa – court not able to enforce return order - no jurisdiction to grant such order.