- The parents agreed to a parenting coordination order, but things fell apart when the mother said she could not pay the coordinator’s fees.
- She was also expected to help pay for the children’s medical aid, other medical expenses, school fees and educational costs.
- She paid R28,740.18 after contempt proceedings began, but there were still amounts left unpaid.
What started as an effort by two divorcing parents to manage their responsibilities to their children turned into a bitter dispute about money, parenting coordination and following court orders.
The parents agreed to a parenting coordination order on 6 December 2023. But according to the father, things gradually began to break down. From August 2024, he said, the mother stopped joining mediation meetings, saying she could not afford the coordination fees.
The problems continued until several parenting coordinators resigned. The father said that when the third coordinator, Ms Lombard, stepped down, it was the last straw. After that, the Family Mediators’ Association of the Cape refused to appoint another coordinator. The mother also went to the children’s court to involve the Family Advocate and ask for another assessment.
Financial pressure added to the dispute
The parents were also struggling with the costs of raising their children. A court order granted on 3 March 2025 required the mother to pay the father back for half of the children’s monthly medical aid premium and 50 percent of their reasonable medical expenses.
She also had to pay him back for half of their monthly school fees and continue paying half of their reasonable educational costs. The father said the mother did not follow the order, even though she knew what was expected of her.
He argued that she never asked the court to change, pause or cancel the order, but instead just stopped making the payments. The mother, on the other hand, said her financial situation was to blame.
She insisted that she couldn’t afford her obligations or the costs of parenting coordination. She said she wasn’t deliberately refusing to comply, and that being unable to pay shouldn’t count as contempt of court.
The R28,740 payment
The dispute eventually reached a point where the father started contempt proceedings on 14 January 2026. Twelve days later, the mother paid R28,740.18, saying she made the payment under protest and without admitting she was at fault.
The payment became a key part of the dispute because it raised the question of whether her financial situation really stopped her from complying with the court order. Judge Nziweni thought the timing was significant.
Judge CN Nziweni said that the quick payment, after a long period of not paying, showed that the mother had the money to comply with the court order but only did so when faced with legal action. However, the payment did not settle all the money still owed.
Judge rejects the financial explanation
Judge Nziweni also looked at the mother’s failure to comply with the parenting coordination order she had first agreed to. The judge thought it was important that she never went to court to ask for either order to be changed, paused or cancelled. The fact that she was able to pay R28,740.18 soon after the contempt case began also undermined her claim that she couldn’t pay.
Judge Nziweni was especially critical of the fact that the payment was made under protest and without admitting fault. The judge said her compliance was more tactical and defensive than genuine. The judge found that the mother’s actions showed she could have complied but chose not to. On the evidence, Judge Nziweni said it was clear the mother did not lack the means to comply, but rather the willingness.
Children caught in the middle
Judge Nziweni stressed that this was about more than just financial obligations between divorcing parents. The court orders involved their children, so following them was especially important.
The judge said that failing to comply with orders about the children could disrupt their stability, deprive them of support or care, and keep the conflict between their parents going.
As a result, the High Court in Cape Town found the mother in contempt of both court orders.
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