- Three children were at risk of becoming homeless after the family home in Durbanville was sold.
- The High Court directed their father to pay a total of R48,000 each month for housing and maintenance, along with school fees and medical aid.
- The court dismissed the mother’s attempt to freeze the proceeds from the house sale.
The High Court in Cape Town has stepped in to protect three young children, finding that they could soon be left without a home as their parents go through a divorce.
Judge HM Slingers ordered the children’s father to provide immediate financial support for their accommodation and ongoing maintenance. The judge said the children’s best interests required urgent attention, even though the parents were still locked in a financial dispute.
Children faced losing their home
The divorcing couple have three children, aged 11, 8 and 7. Their family home in Durbanville had already been sold, and the mother and children were required to leave the property by the end of September.
The mother told the court she had very limited finances and urgently needed help to secure a place to rent and to provide for the children’s daily needs.
In her judgment, Judge Slingers said, “The three minor children may be homeless by 1 October 2026,” highlighting that the situation called for immediate action.
Court prioritises children’s welfare
The father argued that he was under severe financial strain because of debt and legal claims. He said his finances were in a dire state and asked the court to consider all the debts he was facing.
Judge Slingers acknowledged that the father was struggling financially but found that the children’s constitutional rights had to come first. The judge said, “The best interests of the minor children are paramount” and that they “take precedence over expenses such as personal debt repayments, credit card payments, personal entertainment expenses and personal clothing expenses.”
The court ordered the father to pay R16,500 within five days as a deposit to secure a suitable place to live. From 1 October 2026, he will also need to pay R16,500 per month for rent and R15,000 per month in maintenance for the three children. He must also continue paying for the children’s medical aid and all reasonable school fees.
Judge Slingers stressed that “the orders made in respect of the minor children’s maintenance” were necessary for their “immediate well-being, health and education” and could be reviewed as the divorce continues.
Bid to freeze house sale proceeds fails
The mother also asked the court to stop the father from using the money from the sale of the family home until the divorce was finalised. She argued that spending the funds could reduce her future financial claim under the accrual system.
Judge Slingers dismissed this application, saying there was not enough evidence to show that the father planned to spend the money to avoid any future claim. The court did not make any order as to costs.
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