Judgment from the Pretoria High Court concerning the best interests of a child with severe intellectual disabilities.
The child, an 11 year old boy, has resided at a facility since January 2021. The applicant has since been paying the R14 755 monthly fee, and the respondent has been contributing R1 000 towards the child’s maintenance in terms of the parties’ divorce order. The applicant is in arrears of over R80 000, and the child was at risk for being discharged for lack of payment. The respondent claimed he could not afford to contribute more, and that the applicant had enrolled the child without consulting him. The applicant has not launched Maintenance Court proceedings, and the judge was clear that this is not a maintenance enquiry.
The Court held that it was clearly in the child’s best interests to remain at the facility and the respondent was ordered to pay 50% of the arrears plus 50% of the monthly fee, less R1 000. The applicant was ordered to launch Maintenance Court proceedings within 14 court days.