IMPORTANT CORRECTION TO LUNCH AND LEARN WEBINAR REFERRING TO TERMINATION OF PARENTAL RIGHTS AND RESPONSIBILITIES AND MAINTENANCE
■ Latest case law: A court order (from Children’s Court or the High Court) that terminated one parent’s parental rights and responsibilities do not extinguish their maintenance obligations, as such an interpretation would contradict the constitutional duty and common law duty of parents to provide for their biological children. The maintenance court will retain jurisdiction to enforce payment obligations even though there might be a termination order suspending or terminating the parental responsibilities and rights of one parent. FCP v STC and Another (A 46/2024 ; 1762021/000227) [2025] ZAWCHC 68 (29 January 2025)
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• How and when can a warrant of execution be granted
• Discussion of the legislation and case law
• What items may be judicially attached to secure payment of arrear maintenance and what items are excluded?
• What happens if the respondent owns nothing?
• Explanation of the procedure of issuing a warrant of execution and what it means
• Assistance by the State in paying the costs of a warrant of execution
• General tips and advice on warrants of execution to fast-track your maintenance matter