M.M v S.M.T and Another (89027/16) [2024] ZAGPPHC 1263 (3 December 2024)

M.M v S.M.T and Another (89027/16) [2024] ZAGPPHC 1263 (3 December 2024)

The court finds that the interim order granted on 9 August 2021 was superseded and lapsed upon the granting of the final decree of divorce and the incorporation of the settlement agreement and parenting plan on 6 March 2023. The parenting plan provides a mechanism for resolving disputes regarding the child's schooling, namely mediation, and the court declines to intervene in such matters where the parties have agreed to mediation. The curatrix ad litem is relieved of her appointment, and the parties are held jointly and severally liable for her appearance fee. Each party is to pay its own costs, excluding the curatrix ad litem's costs.

Citation
[2024] ZAGPPHC 1263
Parties
Applicant: M[...] M[...]; Respondent: S[...] M[...] T[...]; Respondent: Curatrix ad litem
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 December 2024
Case Number
89027/16
Procedural Posture
Declaratory Application / Final Judgment
Outcome
Declaratory order granted confirming the lapse of the interim order; issues regarding the child's schooling to be referred to mediation; curatrix ad litem relieved of appointment; costs order made.
Judges
E van der Schyff
Legal Topics
Parenting Plan, Interim Order Lapse, Mediation in Family Disputes, Curatrix Ad Litem Costs
Family and Children Civil Procedure Parenting Plan Interim Order Lapse Mediation in Family Disputes Curatrix Ad Litem Costs

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Parties

M[...] M[...]

Applicant

S[...] M[...] T[...]

Respondent

Curatrix ad litem

Respondent

Procedural Posture

Declaratory Application / Final Judgment

Legal Issues

  1. 1 Whether the interim order granted on 9 August 2021 remains binding after the final decree of divorce and settlement agreement.
  2. 2 Whether the issue of the minor child's school enrolment should be determined by the court or referred to mediation.
  3. 3 Whether the curatrix ad litem should be relieved of her appointment and entitled to costs.

Ratio Decidendi

The court finds that the interim order granted on 9 August 2021 was superseded and lapsed upon the granting of the final decree of divorce and the incorporation of the settlement agreement and parenting plan on 6 March 2023. The parenting plan provides a mechanism for resolving disputes regarding the child's schooling, namely mediation, and the court declines to intervene in such matters where the parties have agreed to mediation. The curatrix ad litem is relieved of her appointment, and the parties are held jointly and severally liable for her appearance fee. Each party is to pay its own costs, excluding the curatrix ad litem's costs.

Court Disposition

Declaratory order granted confirming the lapse of the interim order; issues regarding the child's schooling to be referred to mediation; curatrix ad litem relieved of appointment; costs order made.

Orders

  • The interim order granted on 9 August 2021 under case number 89027/16 has lapsed with the granting of the decree of divorce and settlement agreement on 6 March 2023 in the Regional Court for the Regional Division of North West held in Brits under Case No. NW/BRT/RC71/21.
  • Any unresolved issue regarding the enrolment of the minor child in D[...] M[...] Primary School from 2025 onward is to be referred to mediation in terms of the parenting plan.