A.E. v H.L. (2024/144979) [2025] ZAGPJHC 770 (8 August 2025)

Parties

Procedural Posture

Urgent Application / Rule 43 Application; Interlocutory Maintenance and Contact Orders Pending Divorce

Legal Issues

1. 1 Whether interim maintenance for the minor child should be ordered and in what amount.
2. 2 Whether the applicant should be granted contact with the minor child and under what conditions.
3. 3 Whether a parental coordinator and expert intervention are warranted given the parties' disputes.

Ratio Decidendi

The court found that the respondent made out a case for interim maintenance for the minor child and ordered the applicant to pay R8000 per month, with 50% of schooling expenses from 2026. The court declined to order a contribution to legal costs, noting that the only real dispute requiring litigation is contact and that such disputes should be resolved through co-parenting and mediation, not adversarial litigation. Given the applicant's admitted drinking problem, the court ordered supervised contact and appointed an educational psychologist to facilitate a family preservation program, including random alcohol testing and assistance in drafting a parenting plan. The court emphasized the...

Court Disposition

Interim maintenance and contact orders granted; legal costs contribution refused; expert appointed for family preservation and parenting coordination.

Orders

• The applicant is to pay maintenance for the minor child in the amount of R8000 per month pendente lite, payable on or before the 7th of every month.
• The applicant is to pay 50% of the minor child’s scholastic expenses from January 2026.