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.      

Father being refused contact to his child! What are his rights as a Father?

The concept of Family

Fam-i-ly. A three-syllable word, that means so much.  The concept of family is a very broad one and one that takes more than one form. There is the traditional form, and a more modern one. When you say “she is family”, you may be referring to your father’s cousin, a grandparent, or a niece. However, people most often referred to are those closest to you, referring to blood relations, for example, a parent or child. The most basic social unit of what a family comprises of – two parents and in most cases a child.

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However, the law now sees people as family who are not necessary married to each other in law, but who may be cohabiting as life partners, bringing a more modern concept to it. As the law recognises family relations, it therefore imposes certain rights, obligations, and certain restraints when it comes to family. For example, spouses have a legal obligation to maintain each other, and you may not marry your sibling. Another example is that of inheritance, even if you never knew you had a child, at your death, he or she would inherit from you if you die intestate, all just because, you are Fam-i-ly.

What is a father?

What are the father’s rights towards his child?

• at the time of the child’s birth, you are living with the mother in a permanent life-partnership; and
• you contribute or have attempted in good faith to contribute to the child’s upbringing for a reasonable period;
• you contribute or have attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.

What is meant by the terms care and contact?

Can the mother of your child deny you contact and care rights?

Final words to fathers

Sharing is Caring

Custody over neice and nephew