Applicant and Respondent married in 1993 and divorced in 1996. They remarried in 1997, and again divorced in 1999. Two children were born during their first marriage. According to an agreement reached during the second divorce, both Applicant and Respondent are joint custodians of the children, who live with Applicant. Applicant moved to Cape Town, and applied to the court for sole custody of the children. Applicant argued that it was impossible to have joint custody while he lived in Cape Town. Respondent countered that it was unlawful for Applicant to move to Cape Town without her consent. Moreover, she claimed that he did so with the intention of frustrating her right to joint custody.