F.J v E.J (A101/2008) [2008] ZAWCHC 27; 2008 (6) SA 30 (C) (20 May 2008)

F.J v E.J (A101/2008) [2008] ZAWCHC 27; 2008 (6) SA 30 (C) (20 May 2008)

The court held that the appellant forfeited his contractual right to decide the child's school by failing to pay the school fees, as stipulated in the Agreement of Settlement. Consequently, the right reverted to the respondent as the custodian parent. Under the Children’s Act, both parents are co-holders of parental responsibilities and rights, but the respondent was entitled to act independently in matters of education unless the Act or a court order required otherwise. The evidence showed the child was fully bilingual and well-adjusted, and the move to Jan van Riebeeck was made with consideration of the child's long-term interests. Expert reports and the curator ad litem supported the...

Citation
[2008] ZAWCHC 27
Parties
Appellant: F J; Respondent: E J
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 May 2008
Case Number
A101/2008
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Urgent Application
Outcome
Appeal dismissed with costs, including costs of the curator ad litem.
Judges
HJ Erasmus, Cleaver, Yekiso
Legal Topics
Parental Responsibilities and Rights, Best Interests of the Child, School Enrolment Dispute, Children's Act Interpretation
Family and Children Civil Procedure Parental Responsibilities and Rights Best Interests of the Child School Enrolment Dispute Children's Act Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

F J

Appellant

E J

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Urgent Application

Legal Issues

  1. 1 Whether the respondent was obliged to consult the appellant before changing the child's school.
  2. 2 Whether the appellant forfeited his contractual right to decide the child's school by failing to pay school fees.
  3. 3 Whether the respondent's decision to move the child to an Afrikaans-medium school was in the child's best interests.

Ratio Decidendi

The court held that the appellant forfeited his contractual right to decide the child's school by failing to pay the school fees, as stipulated in the Agreement of Settlement. Consequently, the right reverted to the respondent as the custodian parent. Under the Children’s Act, both parents are co-holders of parental responsibilities and rights, but the respondent was entitled to act independently in matters of education unless the Act or a court order required otherwise. The evidence showed the child was fully bilingual and well-adjusted, and the move to Jan van Riebeeck was made with consideration of the child's long-term interests. Expert reports and the curator ad litem supported the...

Court Disposition

Appeal dismissed with costs, including costs of the curator ad litem.

Orders

  • The appeal is dismissed with costs, such costs to include the costs of the curator ad litem.