Potgieter v Potgieter (3710/2013) [2013] ZAFSHC 179 (24 October 2013)

Potgieter v Potgieter (3710/2013) [2013] ZAFSHC 179 (24 October 2013)

The court condoned the defective attestation of the applicant's affidavit, as refusal would only result in additional costs and delay. The applicant was awarded interim parental rights and responsibilities over the minor child, Michelle, including primary residence, as contemplated by section 18(2) of the Children's Act. The respondent was granted contact rights for two weekends per month. The respondent's tender of R400 per month for maintenance was found to be insufficient given the circumstances; the court ordered R900 per month as reasonable maintenance pendente lite. The applicant's claim for a contribution towards costs was refused. The dispute regarding the proceeds of the sale of...

Citation
[2013] ZAFSHC 179
Parties
Applicant: Sybil Potgieter; Respondent: Albert Potgieter
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 October 2013
Case Number
3710/2013
Procedural Posture
Urgent Application / Rule 43 Interim Relief Pending Divorce
Outcome
Interim maintenance and parental rights awarded to the applicant; contribution to costs refused.
Judges
L. M. S. Sesele
Legal Topics
Maintenance Pendente Lite, Parental Rights and Responsibilities, Children S Act, Interim Relief, Contribution to Costs
Family and Children Civil Procedure Maintenance Pendente Lite Parental Rights and Responsibilities Children S Act Interim Relief Contribution to Costs

Case Brief

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Parties

Sybil Potgieter

Applicant

Albert Potgieter

Respondent

Procedural Posture

Urgent Application / Rule 43 Interim Relief Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pendente lite for the minor child.
  2. 2 Whether interim parental rights and responsibilities should be awarded to the applicant.
  3. 3 Whether the respondent should contribute towards the costs of the pending divorce action.

Ratio Decidendi

The court condoned the defective attestation of the applicant's affidavit, as refusal would only result in additional costs and delay. The applicant was awarded interim parental rights and responsibilities over the minor child, Michelle, including primary residence, as contemplated by section 18(2) of the Children's Act. The respondent was granted contact rights for two weekends per month. The respondent's tender of R400 per month for maintenance was found to be insufficient given the circumstances; the court ordered R900 per month as reasonable maintenance pendente lite. The applicant's claim for a contribution towards costs was refused. The dispute regarding the proceeds of the sale of...

Court Disposition

Interim maintenance and parental rights awarded to the applicant; contribution to costs refused.

Orders

  • The applicant is awarded parental rights and responsibilities in respect of care and primary residence of the minor child, Michelle, pending the divorce.
  • The respondent shall have contact with Michelle for two weekends per month from Friday 17:00 to Sunday 17:00.