Question
1:
Dr. Derek Grey, a neurologist employed
at Netcare Paarl met his wife Maradeth Grey whilst he was on holiday in
England. Maradeth was a kickboxing trainer and worked as a bartender at the
“Bangers and Mash Pub” during the nights. They decided to get married in South
Africa at Derek’s home located at 1 Summer Road, Paarl, Western Cape. Maradeth’s dad, Mr White was very upset about
the marriage as Maradeth has just divorced her previous husband, John Black,
and it meant that his daughter will have to relocate to Africa.
Derek and Maradeth decided to get
married in terms of the Civil Union Act 17 of 2006 on the 1st day of
April 2010. Shortly after the marriage, Maradeth fell pregnant and gave birth
to twin boys, Lex and Avery on the 1st day of April 2011. Maradeth
and the twins are on Derek’s medical aid fund. Derek is furthermore a member of
the Paarl Netcare provident fund as administered by Alex Forbes Insurance
located at Unit 1, Forbes Building, Johannesburg.
When the boys turned three, Maradeth
decided to continue with her kickboxing career as a trainer at the “Paarl Blood
and Guts Kickboxing Centre.” It was shortly after she started training again,
that she met Mark Grey, a kickboxing champion. Maradeth and Mark started having
intimate relations. At home, Maradeth became impossible to live with. She
frequently had anger outbursts threatening Derek that she will kill him or make
sure that he never sees his children again. One evening Maradeth lost control
of her emotions and punched Derek in the face breaking his jaw. Derek phoned
the police and asked them to charge her with assault.
Derek consults with you in respect of a
divorce action. He is adamant that he wants Maradeth and her boyfriend to “pay”
for the pain and suffering they have caused him. Derek furthermore instructs
you that he wants primary caregiving of his boys and that he wants Maradeth to
only visit with the boys if there is an adult present. In addition he wants Maradeth
to pay maintenance in respect of the children at the rate of R5000-00 per month
for both children. He is prepared to pay all the school expenses and medical
expenses relating to the children.
Based on the
aforesaid set of facts, answer the following questions and where applicable refer
to authority:
1.1 Draft the particulars of claim based on the
instructions given to you by Derek. Remember to cite all the Defendants. (Please
do not draft the summons itself or the annexures to the summons). You may add your own facts where necessary. [(40)]
Question 2:
2.1 Explain to Alison the procedure involved in
applying for maintenance, as well as the criteria the court will apply in considering
such an application. Reference must be made to relevant legislation. [10]
2.2
Mention
and discuss what relief can be claimed in terms of a Domestic Violence order. Reference must be made to relevant
legislation. [10]
2.3 Outline the procedure and criteria applied
in bringing a R43 application. In answering the said question reference must be
made to the relief that can be claimed in terms of a R43 application. [10]
Question 2:
Ms. Young, a British
citizen, visited South Africa. Whilst travelling to Johannesburg,
she encountered a 10 year old boy by the name of
Lucky Ndlovu. Ms. Young was so
taken by this
little boy, especially after learning that Lucky was a street child that she
immediately
started the adoption process. Despite Lucky getting along with Ms. Young,
he did not
want to move to England.
2.1 Considering the ‘best interest principle’
as well as the child clause contained in the Constitution of the Republic of
South Africa,1996 do you believe that
Lucky’s right to be heard is adequately protected I terms f he Children’s Act
38 of 2005? Substantiate your answer with reference to legislation. (15)
2.2 Explain to Lucky the procedure involved in
Ms. Young’s proposed adoption with reference to the provisions of the
Children’s Act 38 of 2005. (15)
[30]
THE END
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