G.V.D.M v C.V.D.M (A100/2004) [2015] ZAGPPHC 235 (2 March 2015)

G.V.D.M v C.V.D.M (A100/2004) [2015] ZAGPPHC 235 (2 March 2015)

The appeal succeeded because the Children's Court erred in ordering that the respondent be placed in partial care and in amending the contribution order to include boarding fees. The respondent had reached the age of majority before the application for amendment was heard, and in terms of section 159(3) of the Children's Act, the contribution order could not extend beyond the date the child turned 18. Furthermore, the arrangement for boarding at a school hostel does not fall within the definition of partial care under the Act, and no agreement existed between the appellant and the school regarding payment of boarding fees. The magistrate was incorrect in dismissing the points in limine...

Citation
[2015] ZAGPPHC 235
Parties
Appellant: G[...] V[...] D[...] M[...]; Respondent: C[...] V[...] D[...] M[...]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 March 2015
Case Number
A100/2004
Procedural Posture
Civil Appeal / Appeal Against Order of Children's Court Dismissing Points in Limine to Amendment of Contribution Order
Outcome
Appeal upheld; no order as to costs.
Judges
K E Matojane, L M Molopa-Sethosa
Legal Topics
Maintenance Orders, Child in Need of Care, Jurisdiction of Childrens Court, Partial Care Orders, Duration of Childrens Court Orders
Family and Children Civil Procedure Maintenance Orders Child in Need of Care Jurisdiction of Childrens Court Partial Care Orders Duration of Childrens Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

G[...] V[...] D[...] M[...]

Appellant

C[...] V[...] D[...] M[...]

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of Children's Court Dismissing Points in Limine to Amendment of Contribution Order

Legal Issues

  1. 1 Whether the Children's Court had jurisdiction to amend the contribution order after the respondent reached majority.
  2. 2 Whether the contribution order made under the Children's Act lapsed when the respondent turned 18.
  3. 3 Whether the respondent could be placed in partial care and the appellant held liable for boarding fees.

Ratio Decidendi

The appeal succeeded because the Children's Court erred in ordering that the respondent be placed in partial care and in amending the contribution order to include boarding fees. The respondent had reached the age of majority before the application for amendment was heard, and in terms of section 159(3) of the Children's Act, the contribution order could not extend beyond the date the child turned 18. Furthermore, the arrangement for boarding at a school hostel does not fall within the definition of partial care under the Act, and no agreement existed between the appellant and the school regarding payment of boarding fees. The magistrate was incorrect in dismissing the points in limine...

Court Disposition

Appeal upheld; no order as to costs.

Orders

  • The appeal is upheld.
  • No order as to costs.