I was unhappy with the decision of the Maintenance Court, so I appealed to the High Court of South Africa

I had a very terrible experience in the maintenance court recently. I am the mother of two minor children, ages seven and eight. They were both born and raised in South Africa. The father of my minor children has not been involved in their lives since they were very young. Soon after my second child was born, the father of my minor children went missing. All I had was the details of his sister. However, she also did not know where he was. Or at least that is what she told me.

I had to care for the minor children on my own

It is hard being a single parent. I had to attend to all their needs and expenses without the assistance of the biological father. This was very hard as a single parent. I had some help from my parents, but they are retired and have limited means. At least I saved on daycare costs, as they would collect and take the minor children to daycare while I was at work.

Finding the biological father via Facebook

Two years ago, I found out all the whereabouts of their biological father via social media. He posted pictures of himself attending a work function on Facebook.  I then approached the biological father through his work and asked him for assistance regarding the maintenance of the minor children. Both the minor children would have attended school the following year, and I would not have been able to pay the school fees alone.

The father’s refusal to pay child support

The father was adamant that he could not afford to pay child support and told me to apply for a childcare grant. He must have been earning a considerable income, seeing that he was working in a senior position at the company. Furthermore, as shown on his social media profile, he lived an extravagant life. I could not accept that the father was not willing to take any responsibility for the minor children.

Seeking legal assistance from a lawyer and the maintenance court

I then approached an attorney for assistance in obtaining child maintenance from the biological father. I could not afford the legal fees to assist me going forward, as I could not afford to pay for the minor children’s school expenses. I then approached the maintenance court for assistance, and on his advice, the maintenance clerk assisted me in launching an application for child maintenance against the biological father. The biological father was a party in the maintenance court proceedings, and we both appeared before the maintenance officer.

Father’s lack of co-operation

The biological father was not very cooperative in this matter. He did not provide his banking details and said he had not been working for a very long time. After I complained about the documentation he disclosed, the maintenance court instructed the maintenance investigator to investigate the biological father’s affairs. The investigator then found out that the father was earning a large income and had been working since I last saw him many years ago. The maintenance officer uncovered the father’s pay slips and bank statements, revealing his substantial income. The maintenance officer’s investigation revealed the father’s investments and assets, including an immovable property and two cars.

Formal maintenance enquiry – What a disappointment

The matter is then sent for a formal maintenance enquiry before a maintenance magistrate. This is where the problems occurred. The maintenance court never considered any of the information I provided them regarding the expenditure of the minor children. They mainly focused on my ability to care for the minor children and simultaneously disregarded the fact that the father earned much more and could maintain the minor children. The maintenance court wanted me to look after the needs of the minor children on my own and for the father to pay a small amount of maintenance towards the minor children. Once all the evidence had been presented to the maintenance magistrate, she ruled that the father would pay a small amount of maintenance towards minor children. Although the father earns much more than me, he was only ordered to pay approximately 10% of the minor children’s expenditure. I was very disappointed about this.

Taking the Maintenance Court on Appeal

I then again approached an attorney for legal assistance in this regard. All I could do was ask the attorney for advice regarding my case. The attorney advised me that, given the circumstances and the evidence presented, I should appeal the decision of the maintenance magistrate. This is what I did. I appealed on my own and requested reasons for the magistrate’s decision. The magistrate decided that because I earn a salary and the minor children live with me, I should pay most of the minor children’s expenditures. According to my attorney, this was not in line with the law and should not be allowed. The magistrate made a mistake when it ordered the father to pay only 10% of the minor children’s expenditure despite him earning much more than me.

Appealing the maintenance court decision to the High Court

The appeal proceeded to the High Court, where I was successful. The High Court reviewed the maintenance court’s evidence and concluded that the magistrate erred in his decision. The High Court further ordered that the biological father should pay for half of all the minor children’s expenditures. This included medical aid, educational expenses, and day-to-day expenses. I am very grateful to the High Court for assisting me in this matter and collecting the significant state’s decision.

Assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court

Should you require assistance with an appeal to the high court, Supreme Court of Appeal, or constitutional court, feel free to contact the firm of Adv. Muhammad Abduroaf.      
Posted on by Telelaw

I was unhappy with the decision of the Maintenance Court, so I appealed to the High Court of South Africa

I had a very terrible experience in the maintenance court recently. I am the mother of two minor children, ages seven and eight. They were both born and raised in South Africa. The father of my minor children has not been involved in their lives since they were very young. Soon after my second child was born, the father of my minor children went missing. All I had was the details of his sister. However, she also did not know where he was. Or at least that is what she told me.

I had to care for the minor children on my own

It is hard being a single parent. I had to attend to all their needs and expenses without the assistance of the biological father. This was very hard as a single parent. I had some help from my parents, but they are retired and have limited means. At least I saved on daycare costs, as they would collect and take the minor children to daycare while I was at work.

Finding the biological father via Facebook

Two years ago, I found out all the whereabouts of their biological father via social media. He posted pictures of himself attending a work function on Facebook.  I then approached the biological father through his work and asked him for assistance regarding the maintenance of the minor children. Both the minor children would have attended school the following year, and I would not have been able to pay the school fees alone.

The father’s refusal to pay child support

The father was adamant that he could not afford to pay child support and told me to apply for a childcare grant. He must have been earning a considerable income, seeing that he was working in a senior position at the company. Furthermore, as shown on his social media profile, he lived an extravagant life. I could not accept that the father was not willing to take any responsibility for the minor children.

Seeking legal assistance from a lawyer and the maintenance court

I then approached an attorney for assistance in obtaining child maintenance from the biological father. I could not afford the legal fees to assist me going forward, as I could not afford to pay for the minor children’s school expenses. I then approached the maintenance court for assistance, and on his advice, the maintenance clerk assisted me in launching an application for child maintenance against the biological father. The biological father was a party in the maintenance court proceedings, and we both appeared before the maintenance officer.

Father’s lack of co-operation

The biological father was not very cooperative in this matter. He did not provide his banking details and said he had not been working for a very long time. After I complained about the documentation he disclosed, the maintenance court instructed the maintenance investigator to investigate the biological father’s affairs. The investigator then found out that the father was earning a large income and had been working since I last saw him many years ago.

The maintenance officer uncovered the father’s pay slips and bank statements, revealing his substantial income. The maintenance officer’s investigation revealed the father’s investments and assets, including an immovable property and two cars.

Formal maintenance enquiry – What a disappointment

The matter is then sent for a formal maintenance enquiry before a maintenance magistrate. This is where the problems occurred. The maintenance court never considered any of the information I provided them regarding the expenditure of the minor children. They mainly focused on my ability to care for the minor children and simultaneously disregarded the fact that the father earned much more and could maintain the minor children.

The maintenance court wanted me to look after the needs of the minor children on my own and for the father to pay a small amount of maintenance towards the minor children. Once all the evidence had been presented to the maintenance magistrate, she ruled that the father would pay a small amount of maintenance towards minor children. Although the father earns much more than me, he was only ordered to pay approximately 10% of the minor children’s expenditure. I was very disappointed about this.

Taking the Maintenance Court on Appeal

I then again approached an attorney for legal assistance in this regard. All I could do was ask the attorney for advice regarding my case. The attorney advised me that, given the circumstances and the evidence presented, I should appeal the decision of the maintenance magistrate. This is what I did. I appealed on my own and requested reasons for the magistrate’s decision. The magistrate decided that because I earn a salary and the minor children live with me, I should pay most of the minor children’s expenditures. According to my attorney, this was not in line with the law and should not be allowed. The magistrate made a mistake when it ordered the father to pay only 10% of the minor children’s expenditure despite him earning much more than me.

Appealing the maintenance court decision to the High Court

The appeal proceeded to the High Court, where I was successful. The High Court reviewed the maintenance court’s evidence and concluded that the magistrate erred in his decision. The High Court further ordered that the biological father should pay for half of all the minor children’s expenditures. This included medical aid, educational expenses, and day-to-day expenses. I am very grateful to the High Court for assisting me in this matter and collecting the significant state’s decision.

Assistance with an Appeal to the High Court, Supreme Court of Appeal or the Constitutional Court

Should you require assistance with an appeal to the high court, Supreme Court of Appeal, or constitutional court, feel free to contact the firm of Adv. Muhammad Abduroaf.

 

 

 

Related Post

Senior family law expert giving the best simple advice on International Relocation of minor children – Adv. Muhammad Abduroaf

International Relocation matters concerning minor children is one category of our law that requires more attention than other categories of family law. If you intend to relocate overseas with your minor child or do not want your minor child to relocate with the other parent, this article is for you. Advocate Muhammad Abduroaf is a senior family law expert with over twenty years of experience in Family law. He runs a Law Firm styled Advocate Muhammad Abduroaf in Cape Town. He is a Trust Account Advocate. What this means, he takes on work from members of the public directly. Other advocates need to be instructed by an attorney to act in your case.

When does the relocation of minor children disputes arise?

The starting point is that parents and their children live in South Africa. A parent, usually the primary caregiver, wants to relocate with the minor child to another country. For this example, we will assume both parents are co-holders of parental responsibilities and rights of guardianship over the specific minor child. For the minor child to leave the Republic of South Africa and relocate with the other parent overseas, the guardianship consent of the parent remaining in South Africa would be required. This is a requirement as provided for in section 18 of the Children’s Act. A dispute arises if the parent remaining in South Africa does not consent to the relocation of the minor child to a different country. This is so as, without a court order stating otherwise, the minor child would not be allowed to relocate overseas.

When should a parent approach the Court in an international relocation matter involving a minor child?

In principle, anyone can approach a court for any matter. However, not everyone would be successful in their case. Therefore, before you approach the Court for consent for the minor child to relocate with you to a different country, you must make sure you have a strong case. On the other hand, if you are a parent whose consent is required and do not want to provide it, you must ensure you have a reason for refusing it. If, however, you do have a strong case, as we would explain further below, for the relocation, then in that case, you should approach the Court.

The best interests of the child’s principle

Both the South African Constitution and the Children’s Act clearly state that a child’s best interests are the most critical factor when it comes to it. In other words, not the best interests of the parents, but the best interests of the child. However, there are cases where upholding the interests of a parent would be in the minor child’s best interests. For example, a much better job offer. In relocation matters, if the parents cannot agree on the relocation of the minor child, then the Court would intervene and only direct that the relocation is authorised if it is of the view that it would be in the minor child’s best interests.

What do I present to the Court regarding international relocation matters?

According to Advocate Muhammad Abduroaf, the reason why people relocate is vast. For most, it is for work or a better life; for others, it is related to going back home or living with a spouse or a loved one. However, that is the reason why the parents want to relocate. Whatever the reason, you need to demonstrate that the minor child would not be in a worse position after the relocation. Therefore, you would have to demonstrate that there would be adequate housing, food, education, medical services and so on after the relocation. In other words, the minor child would not be neglected and would have a good life with his or her primary caregiver.

What can I do if I do not want the relocation to take place?

It is scarce where the non-primary caregiver wants to relocate with the minor child. However, given the correct facts and circumstances, it is possible. In this example, the primary caregiver wants to relocate with the minor child, and the parent remaining behind does not want to consent. That parent must show that it would not be in the minor child’s best interests to relocate. The parent may even go as far as to show that they can care well enough for the minor child in South Africa and that the de facto primary caregiver is welcome to relocate without the minor child.

When do I approach the Court?

As already alluded to above, if the parents cannot come to an agreement regarding the relocation of the minor child to a different country, then in that case, the Court should be approached. It is best to make use of an experienced family lawyer (attorney or Trust Account Advocate). Both parents would provide information in the form of affidavits to the Court as to reasons for the relocation and/or the refusal thereof. In many cases, the Court would appoint the Office of the Family to get involved and do an investigation as to what is in the minor child’s best interests. The Court would then make a ruling on the relocation of the minor child to a foreign country.      

Posted on by Telelaw

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