Joburg lawyer must share children, pay maintenance in tussle with their mom

01 August 2022 - 12:22
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The order prohibits the mother from leaving SA with the children. Stock photo.
The order prohibits the mother from leaving SA with the children. Stock photo.
Image: 123RF/EVGENYI LASTOCHKIN

A mother embroiled in a domestic wrangle with a high-profile Johannesburg lawyer has won back the right to equal contact with their two minor children.

He has also been ordered to pay costs towards their upkeep.

On Friday the Johannesburg high court overturned the provisional order granted on June 28, whereby the lawyer was awarded primary residence of the children, with the mother allowed only supervised contact with them for two hours a day.

The court battle came after the mother had taken the children to Durban without informing the lawyer, allegedly in breach of a contact schedule agreed to between the parties and their legal representatives.

A forensic psychologist was appointed to investigate issues of “primary residence, contact, and care of the minor children”.

“Pending finalisation of the investigation ... the parties shall have shared residence in respect of the children. The parties shall exercise contact with the children on an intended equal ratio. Neither party shall remove the children from the Republic of South Africa without the express written consent of the other party,” the court ruled.

The lawyer was ordered to contribute to the children’s maintenance requirements, including paying R7,500 per child per month, retaining the children on his medical aid at his cost and to make payment of 100% of all medical expenses not covered by the scheme.

He is also responsible for their school fees, extramural and all school-related expenses. In addition, he must provide a safe and suitable motor vehicle available to the mother.

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