Y.S v C. M (4973/2022) [2023] ZAFSHC 117 (14 April 2023)

Y.S v C. M (4973/2022) [2023] ZAFSHC 117 (14 April 2023)

The court found that the respondent was in arrears with maintenance and had failed to comply with his obligations under the parenting plan. The applicant established entitlement to enforcement of the parenting plan and payment of arrear maintenance, but failed to provide sufficient evidence to justify an increase in maintenance. The respondent's reasons for non-payment were rejected as unsound and contrary to the best interests of the children. The court held that the parenting plan met statutory requirements and could be made an order of court. The respondent's conduct regarding passport consent was found to be unreasonable and prejudicial to the children. The High Court confirmed its...

Citation
[2023] ZAFSHC 117
Parties
Applicant: Y[....] S[....]; Respondent: C[....] M[....]
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 April 2023
Case Number
4973/2022
Procedural Posture
Family and Children Application / First Instance Judgment
Outcome
Application granted in part: arrear maintenance and enforcement of the parenting plan ordered; increase in maintenance refused.
Judges
Daniso
Legal Topics
Parenting Plan Enforcement, Maintenance Variation, Arrear Maintenance, Passport Consent, Best Interests of Child
Family and Children Parenting Plan Enforcement Maintenance Variation Arrear Maintenance Passport Consent Best Interests of Child

Case Brief

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Parties

Y[....] S[....]

Applicant

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

Respondent

Procedural Posture

Family and Children Application / First Instance Judgment

Legal Issues

  1. 1 Whether the respondent is liable for arrear maintenance and the enforcement of the parenting plan.
  2. 2 Whether the applicant has established grounds for an increase in maintenance.
  3. 3 Whether the parenting plan should be made an order of court and its terms amended, particularly regarding passport consent.

Ratio Decidendi

The court found that the respondent was in arrears with maintenance and had failed to comply with his obligations under the parenting plan. The applicant established entitlement to enforcement of the parenting plan and payment of arrear maintenance, but failed to provide sufficient evidence to justify an increase in maintenance. The respondent's reasons for non-payment were rejected as unsound and contrary to the best interests of the children. The court held that the parenting plan met statutory requirements and could be made an order of court. The respondent's conduct regarding passport consent was found to be unreasonable and prejudicial to the children. The High Court confirmed its...

Court Disposition

Application granted in part: arrear maintenance and enforcement of the parenting plan ordered; increase in maintenance refused.

Orders

  • The parenting plan concluded on 10 August 2019 is made an order of court.
  • Paragraph 7.2 of the parenting plan is amended to require that neither party may seek to obtain or renew a passport for the children without the prior written consent of the other parent, who shall not unreasonably withhold such consent.