D.L v L.R.L (31153/2017) [2021] ZAGPJHC 158 (25 May 2021)

D.L v L.R.L (31153/2017) [2021] ZAGPJHC 158 (25 May 2021)

Neither the draft Contact and Parent Coordinator Agreement nor the draft Parenting Plan could be made an order of court as they were not signed by both parties and did not comply with section 34(1)(a) of the Children’s Act. The parties reached agreement on the allocation of parental responsibilities and rights, which was made an order of court. The applicant was ordered to pay interim maintenance of R14,000 per month, based on the respondent’s reasonable expenses and the applicant’s financial capacity as determined by expert evidence. The applicant was also ordered to pay educational and medical costs for the minor children directly to service providers, including R1000 for extra-mural...

Citation
[2021] ZAGPJHC 158
Parties
Applicant: L[....], D[....]; Respondent: L[....], L[....] R[....] (born A[....])
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 May 2021
Case Number
31153/2017
Procedural Posture
Urgent Application / Interim Relief Under Rule 43 Pending Final Divorce
Outcome
Application and counter-application partially granted; interim maintenance and parental arrangements ordered; contribution to legal costs dismissed.
Judges
Mdalana-Mayisela
Legal Topics
Parental Responsibilities and Rights, Parenting Plan, Interim Maintenance, Rule 43 Application, Contact Rights, Contribution to Legal Costs
Family and Children Civil Procedure Parental Responsibilities and Rights Parenting Plan Interim Maintenance Rule 43 Application Contact Rights Contribution to Legal Costs

Case Brief

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Parties

L[....], D[....]

Applicant

L[....], L[....] R[....] (born A[....])

Respondent

Procedural Posture

Urgent Application / Interim Relief Under Rule 43 Pending Final Divorce

Legal Issues

  1. 1 Whether the draft Contact and Parent Coordinator Agreement or the draft Parenting Plan should be made an order of court.
  2. 2 Determination of interim maintenance payable by the applicant to the respondent under Rule 43.
  3. 3 Allocation of parental responsibilities and rights, including contact and residence of minor children.

Ratio Decidendi

Neither the draft Contact and Parent Coordinator Agreement nor the draft Parenting Plan could be made an order of court as they were not signed by both parties and did not comply with section 34(1)(a) of the Children’s Act. The parties reached agreement on the allocation of parental responsibilities and rights, which was made an order of court. The applicant was ordered to pay interim maintenance of R14,000 per month, based on the respondent’s reasonable expenses and the applicant’s financial capacity as determined by expert evidence. The applicant was also ordered to pay educational and medical costs for the minor children directly to service providers, including R1000 for extra-mural...

Court Disposition

Application and counter-application partially granted; interim maintenance and parental arrangements ordered; contribution to legal costs dismissed.

Orders

  • The parties shall retain co-guardianship and remain co-holders of parental responsibilities and rights in respect of the minor children as per sections 18(2)-(5) of the Children’s Act.
  • Joint decisions shall be made regarding major aspects of the minor children’s lives, including schooling, health, and residence.