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[2016] ZAFSHC 165
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O v O (1385/2015) [2016] ZAFSHC 165 (29 September 2016)
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
and
SAFLII
Policy
IN
THE HIGH COURT OF SOUTH AFRICA,
FREE
STATE DIVISION, BLOEMFONTEIN
Case
No.: 1385/2015
In
the matter between:
J.
D.
O.
Applicant
and
M.
M. H.
O.
Respondent
HEARD
ON:
22
SEPTEMBER 2016
JUDGMENT
BY:
C.
REINDERS, J
DELIVERED
ON:
29
SEPTEMBER 2016
[1]
Mr O. issued an application in terms of Rule 43(6) on 31 May 2016
(“the first Rule 43(6) application”). On 28 July
2016
Mathebula, AJ varied the order of Williams, AJ and ordered Mr O.,
amongst others, to pay maintenance
pendente
lite
to
Ms O. in the amount of R 1 000,00 per month and R 2 500,00
per child per month. Mr O. issued a second Rule 43(6) application
on
24 August 2016 (“the second Rule 43(6) application”)
praying for an amendment of the order granted by Mathebula,
AJ.
This is the judgment in the second Rule 43(6) application.
[2]
Having considered the Notice of Motion and other documents filed of
record, and having heard Counsel for both parties, the following
orders are granted
pendente
lite:
1.
Both
parties shall share equal parental responsibilities and rights in
respect of the minor children M. O. and L. O. as contemplated
in
Section 18 of the Children’s Act 38 of 2005.
2.
The
primary residence of the minor children shall vest with the
Respondent, subject to the Applicant’s reasonable rights of
contact as follows (until L. reaches the age of three years):
2.1
Contact
every alternate weekend from a Friday afternoon until a Sunday
afternoon at 17h00 at the Applicant’s father’s
residence;
2.2
Telephonic
or Skype contact every second evening;
2.3
Contact
on the birthdays of the children as well as the birthday of the
Applicant for at L.st three hours;
2.4
Contact
on Father’s day if Father’s day does not fall within a
contact weekend of the Applicant, provided that Mother’s
day
will be spent with the Respondent;
2.5
Contact
on every alternate Christmas day for at L.st three hours.
3.
The
Applicant is ordered to pay maintenance towards the Respondent in the
amount of R 1 000-00 per month, the first payment
to be before
or on 7 October 2016 and thereafter before or on the 7
th
day of each subsequent month.
4.
The
Applicant is ordered to pay maintenance towards the minor children in
the amount of R 1 500-00 per month per child, the
first payment
to be before or on 7 October 2016 and thereafter before or on the 7
th
day of each subsequent month.
5.
The
cost of this application to be costs in the main action.
______________
C.
REINDERS, J
On
behalf of Applicant:
Adv. J.C. Coetzer
Instructed by:
Lovius
Block Attorneys
BLOEMFONTEIN
On
behalf of Respondent: Adv.
J. Olivier
Instructed by:
Rossouws
Attorneys
BLOEMFONTEIN