Former Vuzu star and Generations actress Denise Zimba has been ordered by the court to return her two minor children to Germany after unlawfully retaining them in South Africa. The court ruling follows her decision to keep the children in the country under the pretense of a holiday, despite their habitual residency in Germany.
Zimba, who has since applied for a visa to accompany her children back to Germany, is the primary caregiver of the two children, aged five and one. They hold dual South African and German nationality, although their German passports have expired.
Legal Struggles and Divorce Tensions
This legal matter comes amid ongoing divorce proceedings between Zimba and her estranged husband, Jakob Schlichtig. Zimba has previously revealed details of the betrayal she experienced in the marriage, including accusations of infidelity involving Schlichtig and Zimba’s childhood friend, Mpumi Mdluli.
The dispute over custody of their children has drawn the attention of the Western Cape High Court, where Judge Daniel Thulare emphasized the importance of prioritizing the children’s best interests. The court’s ruling aligns with international child protection laws, specifically the Hague Convention on International Child Abduction, which governs the unlawful retention of children across borders.
Court Findings
Judge Thulare’s decision made it clear that South Africa had an obligation to promptly return the children to Germany, where they were habitual residents. While Zimba had originally believed she had more time to appeal the initial court order, she ultimately conceded that her calculations were incorrect.
“The legal position is that South Africa has an obligation to secure the prompt return of such children wrongfully retained in South Africa, to Germany, and to ensure that rights of custody and access of the father under the law of Germany are effectively respected in South Africa,” Judge Thulare explained.
The court further stressed that while the children’s care might best be provided by Zimba, the German courts hold the authority to make final determinations regarding custody and parental rights.
Support for the Children
In addition to the children’s return, the court ordered that both parents ensure the children receive therapeutic support, including psychotherapy, to help them adjust after the return to Germany. Zimba and Schlichtig have been instructed to work together to facilitate the children’s transition, including expediting Zimba’s travel documents to ensure the journey is as smooth as possible for the young ones.
Judge Thulare also highlighted the emotional complexities of the situation, stating, “It is easy for an adult to march into a child’s residence with a court order in hand and a Sheriff in tow and walk out with children screaming, but it is another to seek to build a relationship with the children and as a parent, enjoy the confidence and earn the smile and laughter of your kids looking forward to a long trip.”
As the legal process unfolds, Zimba’s next steps will include securing her visa, preparing for the children’s return, and continuing to navigate her complicated divorce and custody battle.
