Daily News

Parents in tug-of-war over children

Bid to adopt siblings opposed

- NOELENE BARBEAU

ARUSSIAN couple living in Durban want to be reunited with their young children, who were placed with foster families after their parents were arrested in 2003 on allegation­s of indecently assaulting three of them and using them to generate pornograph­y.

In a tug-of-war being played out in the Durban High Court, the foster parents want to adopt the four children, but the biological parents – whose conviction­s and sentences were set aside on appeal in 2006 – intend to oppose this.

The children’s representa­tive has applied to the court to terminate the Russians’ parental rights, or suspend them, pending the adoption proceeding­s.

André Stokes, SC, who was appointed curator ad litem (to make decisions in the children’s best interest), said in court papers that the four minor children had adapted well and wished to remain with their foster parents.

He said the two older children “strongly” expressed dissatisfa­ction with their biological parents and an unwillingn­ess to be reunited with them.

When the couple were arrested and charged in 2003, the children, one of them a boy only six days old, were removed from their custody and taken to a place of safety. The children were soon split up and placed with two sets of foster parents. The children were then eight, four, three, and one month old.

The biological parents have not been allowed to see their children during the past nine years.

They were tried on charges ranging from contraveni­ng the Films and Publicatio­ns Act and the Child Care Act to indecent assault.

According to Stokes’s court papers, the father and mother were convicted and sentenced in 2005 to eight and four years’ imprisonme­nt.

The couple’s conviction­s and sentences were set aside on appeal in 2006.

Stokes said the outcome of the appeal resulted in the exclusion of photograph­s that depicted the sexual and lewd acts the parents performed on their minor children.

Pagans

He said the couple, who were pagans, did not deny the content of the photograph­s, but had sought to justify them on the grounds of their religious and cultural practices.

The Children’s Court had investigat­ed and numerous reports had been filed by social workers and psychologi­sts.

In 2007, the court placed the children with the two sets of foster parents, Stokes said. It made no order or finding on reuniting them with their biological parents.

Stokes said numerous experts had been asked to evaluate the impact of the sexual abuse on the children and whether it would be in their best interests to have contact with – or be reunited with – their biological parents.

One psychologi­st, cited in court papers, said the two older children had manifested symptoms of post-traumatic stress disorder, “which are attributab­le to being victims of sexual abuse”.

A third report, compiled on the instructio­n of the biological parents’ attorney, said the caregivers were excellent with the children and loved them dearly.

The expert said the parents were aware their behaviour had traumatise­d their children.

The parents loved their children and wanted to be part of their lives.

The expert said, however, that it would not be in the best interests of the children to remove them from their caregivers at that point, and suggested that the Children’s Court order that a reunificat­ion programme be implemente­d gradually.

A report compiled for the Children’s Court concluded that the children would continue to suffer serious emotional and psychologi­cal effects stemming from their past.

Judge Anton van Zyl granted an order yesterday for Stokes’s applicatio­n to be placed on the unopposed roll in August.

The Russian couple may file answering affidavits and a counter applicatio­n by next month.

Advocates Peter Rowan and Ann Skelton, director of the Centre for Child Law, appeared for the minor children. Advocates Dashendra Naidoo and Kemp J Kemp, SC, act for the biological parents.

 ??  ?? DREAM PRIZE: Oriel Seeram and Marvin Moodley are the latest couple hoping to win the Daily News Win a Dream Wedding competitio­n.
DREAM PRIZE: Oriel Seeram and Marvin Moodley are the latest couple hoping to win the Daily News Win a Dream Wedding competitio­n.

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