A.W.F v K.S.R (052216/2024) [2025] ZAGPPHC 503 (16 May 2025)

A.W.F v K.S.R (052216/2024) [2025] ZAGPPHC 503 (16 May 2025)

The court found that both parties are entitled to exercise full parental rights and responsibilities over both minor children, and that the applicant should have reasonable access to them. The respondent's supplementary affidavit was condoned. The applicant was ordered to pay spousal maintenance and maintenance for both minor children, as well as various household and property expenses. The respondent is to remain in occupation of the family home, and the applicant is to make financial disclosure within ten days. Advocate Johanni Barnardt was appointed as curator ad litem for the children, with costs to be borne by the applicant. The court reserved the costs of the Rule 43 application for...

Citation
[2025] ZAGPPHC 503
Parties
Applicant: A[...] W[...] F[...]; Respondent: K[...] S[...] R[...]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 May 2025
Case Number
052216/2024
Procedural Posture
Urgent Application / Rule 43 Interim Relief Pending Divorce Action
Outcome
Application granted in part; interim maintenance and care arrangements ordered pendente lite.
Judges
Nyathi
Legal Topics
Rule 43 Interim Relief, Parental Rights and Responsibilities, Spousal Maintenance, Child Maintenance, Curator Ad Litem Appointment
Family and Children Civil Procedure Rule 43 Interim Relief Parental Rights and Responsibilities Spousal Maintenance Child Maintenance Curator Ad Litem Appointment

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Parties

A[...] W[...] F[...]

Applicant

K[...] S[...] R[...]

Respondent

Procedural Posture

Urgent Application / Rule 43 Interim Relief Pending Divorce Action

Legal Issues

  1. 1 Whether the applicant should be granted enforceable interim rights of care and contact with both minor children pending the divorce.
  2. 2 Whether the applicant should be ordered to pay maintenance for the respondent and both minor children pendente lite.
  3. 3 Whether a curator ad litem should be appointed to protect the best interests of the minor children.

Ratio Decidendi

The court found that both parties are entitled to exercise full parental rights and responsibilities over both minor children, and that the applicant should have reasonable access to them. The respondent's supplementary affidavit was condoned. The applicant was ordered to pay spousal maintenance and maintenance for both minor children, as well as various household and property expenses. The respondent is to remain in occupation of the family home, and the applicant is to make financial disclosure within ten days. Advocate Johanni Barnardt was appointed as curator ad litem for the children, with costs to be borne by the applicant. The court reserved the costs of the Rule 43 application for...

Court Disposition

Application granted in part; interim maintenance and care arrangements ordered pendente lite.

Orders

  • The respondent’s supplementary affidavit is condoned.
  • The applicant is ordered to pay all household and property expenses for the Waterfall property, including rates, taxes, levies, utilities, insurance, internet, streaming services, domestic workers, gardener, pool maintenance, general maintenance, security, and backup power system.