Dad who snatched kid gets custody

Court grants access for woman who cared for toddler

A FATHER who sparked a nationwide hunt for his daughter after snatching her from her caregiver has been awarded custody of the child.

In May, the biological father of the two-year-old, who may not be named to protect his daughter’s identity, had a case of kidnapping lodged against him by the mother of his child after taking her from the caregiver’s Phoenix home. He took her to live with relatives in Johannesburg. The charge was later withdrawn by the mother who has since renounced responsibility for the girl.

The caregiver, Shenaaz Hussein, said the father misled her into believing he was taking the toddler— who had been living with her for 17 months — to a tuck shop to buy sweets.

She became the child’s caregiver on the basis of an agreement with the father. Hussein had seen the toddler abandoned at a takeaway shop in the Phoenix Plaza while her father operated a small cigarette vending business in the area.

On learning the child had been relocated to Johannesburg, Hussein petitioned the Family Court for custody in May.

Last week, the High Court in Durban awarded the father custody of the child and ruled that Hussein be allowed to see her one weekend a month and speak to her telephonically. She is also allowed additional contact with the child on prior arrangement with him.

Hussein was granted contact based on a social worker’s report stating that she had “been the most consistent caring figure in the child’s life to date”.

“The matter was settled by consent with the family advocate’s recommendations being made an order of the court,” said Hussein’s attorney, Shireen Amod.

Hussein remains concerned about how the father will provide financially for the child, because he is unemployed.

Family advocate Veryan Reding said custody cases were guided by the Children’s Act. “Every case is different. The criteria is always judged by what’s in the child’s best interests.”

Reding said a father had automatic parental rights and responsibilities to the child if he is or was married to the mother at the time they were conceived, born, or any time in between. The father is in the process of divorcing the mother, whom he married before the child was born.

Assessments, comprising interviews by the social workers with all parties involved, help to ascertain a parent’s fitness to be the custodian of a child. “They can’t take away children from poor people just because they’re poor,” said Reding.

The father could not be reached for comment.

Hussein said she was also unable to reach him to make visitation arrangements.