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52nd Ellie Newman Memorial Moot Court Final

3 October | 5:30 pm - 8:00 pm

3 October, 2024 | 5:30 pm - 8:00 pm

PRESIDING JUDGES:

THE HONOURABLE MR ANAND MAHARAJ

ACTING REGIONAL COURT PRESIDENT, KWAZULU-NATAL REGIONAL DIVISION

THE HONOURABLE MS HLENGIWE MKHASIBE

ACTING SENIOR MAGISTRATE, POINT BRANCH COURT – REGION 6 DURBAN

THE HONOURABLE ADV MARY O’GORMAN

THE HONOURABLE ADV MARY O’GORMAN PRINCIPAL FAMILY ADVOCATE, OFFICE OF THE FAMILY ADVOCATE, KWAZULU-NATAL REGIONAL DIVISION

ABOUT THE ELLIE NEWMAN MOOT COURT COMPETITION

On the 3rd of October 2024, the flagship Ellie Newman Moot Court Competition will take place. This Moot Court Competition is
named after the late Professor Ellie Newman QC who first organised and ran this competition in 1972 with the aim of familiarising
final year LLB students with various aspects of litigation and courtroom procedure.

HOSTS OF THE 52ND ELLIE NEWMAN MOOT COURT COMPETITION

The LLM and MPhil in Child Care and Protection programme proudly hosts this year’s moot competition. The LLM and MPhil in
Child Care and Protection programme is an interdisciplinary and unique Masters programme that brings together professionals
from social work, the judiciary and magistracy, lawyers and other professionals to debate child law and practice matters and concerns.

THEME: PARENTAL ALIENATION AND THE BEST INTERESTS OF THE CHILD

‘Parental alienation’ is a contentious concept developed largely in the United States courts to describe the efforts by one parent
in a care and contact dispute (custody) to harm, damage and even destroy the emotional bond of a child with the other parent.
This year’s moot focuses on a dispute between divorced parents where a mother is alleged to have alienated the children from
the father with the result that psychological assessment of the children is requested by the so-called ‘alienated’ father. These types
of often bitter disputes are a frequent occurrence in our courts and in other jurisdictions and epitomise the evidential challenges
faced by the courts in determining the best interests of the children, frequently used as pawns between their warring parents.