W v W (8010/2017) [2017] ZAGPPHC 1139 (7 August 2017)

W v W (8010/2017) [2017] ZAGPPHC 1139 (7 August 2017)

The court found that while the applicant's concerns about the respondent's conduct with the children were serious, they did not establish a persistent pattern warranting the severe limitation of contact sought. The interim contact regime that existed prior to the applicant's unilateral change was largely effective and should be restored, with minor adjustments to reduce disruption. Regarding maintenance, both parties must adjust their lifestyles, and the court determined that R12,000 per month for the applicant and R9,000 per child per month was appropriate, in addition to the respondent's liability for educational, medical, and certain household expenses. On the issue of contribution...

Citation
[2017] ZAGPPHC 1139
Parties
Applicant: T A W; Respondent: T W
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 August 2017
Case Number
8010/2017
Procedural Posture
Rule 43 Application / Interlocutory (pendente Lite)
Outcome
Application granted in part; interim contact rights restored with adjustments; maintenance and contribution to legal costs ordered as specified.
Judges
K La M Manamela
Legal Topics
Maintenance Pendente Lite, Contact Rights, Rule 43 Procedure, Contribution to Legal Costs
Family and Children Civil Procedure Maintenance Pendente Lite Contact Rights Rule 43 Procedure Contribution to Legal Costs

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

T A W

Applicant

T W

Respondent

Procedural Posture

Rule 43 Application / Interlocutory (pendente Lite)

Legal Issues

  1. 1 Whether the respondent should have contact with the minor children only every other weekend and limited telephonic contact during the week.
  2. 2 What is the appropriate amount of maintenance for the applicant and the minor children pendente lite.
  3. 3 Whether the respondent should make an initial contribution towards the applicant's legal costs and in what amount.

Ratio Decidendi

The court found that while the applicant's concerns about the respondent's conduct with the children were serious, they did not establish a persistent pattern warranting the severe limitation of contact sought. The interim contact regime that existed prior to the applicant's unilateral change was largely effective and should be restored, with minor adjustments to reduce disruption. Regarding maintenance, both parties must adjust their lifestyles, and the court determined that R12,000 per month for the applicant and R9,000 per child per month was appropriate, in addition to the respondent's liability for educational, medical, and certain household expenses. On the issue of contribution...

Court Disposition

Application granted in part; interim contact rights restored with adjustments; maintenance and contribution to legal costs ordered as specified.

Orders

  • The respondent shall have contact with the minor children every alternative weekend from Friday after school until Monday morning, and one midweek contact day (Thursday).
  • The respondent shall pay maintenance pendente lite of R12,000 per month to the applicant and R9,000 per month per child.