South Africa Case Law

FCP v STC and Another (A 46/2024 ; 1762021/000227)

FCP v STC and Another (A 46/2024 ; 1762021/000227) [2025] ZAWCHC 68; [2025] 2 All SA 415 (WCC) (29 January 2025)

Court

Western Cape High Court, Cape Town

Case number

A46/2024 ; 1762021/000227

Judges

Gordon-Turner, Ndita

The court held that a children’s court order terminating parental rights and responsibilities under section 28 of the Children’s Act does not terminate the parent’s maintenance obligation. The duty to support a child is a constitutional, statutory, and common law obligation that persists regardless of parental rights status. Section 15 of the Maintenance Act codifies this duty, and the Children’s Act does not repeal or override it. The maintenance court retains jurisdiction to enforce maintenance payments, and the child’s right to support cannot be extinguished except in cases of adoption. Th…

Source excerpt

• Maintenance Obligations
• Termination Of Parental Responsibilities
• Children S Act Interpretation
• Best Interests Of Child
• Jurisdiction Of Maintenance Court