Couple Wins Damages in Messy Custody Battle

An American woman who badmouthed her former husband and his new wife during a custody battle, claiming they abused drugs, and had paedophilic tendencies, has been ordered to pay R150 000 in damages to the couple by the Pretoria High Court.

Judge Chris Botha ordered that the man receive R100 000, and his wife R50 000. The Midrand couple claimed a total of R600 000 in damages - R300 000 each.

The parties are not being identified to protect their 13-year-old daughter, who is the subject of their bitter custody battle.

The court heard that after their divorce, the mother at first had custody of their child. The father later obtained custody and the mother moved to the US with her new husband in 2004. The daughter often visited her there.

When the child visited her in June 2005 the mother decided not to send the child back. She obtained an interim custody order, without the knowledge of the father, from a court in New York.

This was the start of a lengthy legal battle between the two, both in South Africa and in the US.