Where proceedings for the eviction of a disabled mother involve the eviction of the children, the court has to consider the rights and the needs of the children, the disabled mother and the woman-headed household. The question whether alternative accommodation was available to the mother and children is a highly relevant consideration in certain circumstances. Where the case involves the unfortunate family dynamic of a father seeking to evict his minor children with their mother, the circumstances cry out for a solution by way of mediation and engagement short of going to court.
Arendse v Arendse and Others 2013 (3) SA 347 (WCC)
