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Child Care Act, 1983 (Act No. 74 of 1983)

Chapter 7 : Contribution Orders

43. Children's court or magistrate's court may make contribution orders or provisional contribution orders

 

1) A contribution order may be made -
a) by a children's court against a respondent residing, carrying on business or employed within the jurisdiction of that court, for the maintenance of a child brought before that court for the purpose of an inquiry in terms of section 13;
b) by a magistrate’s court against a respondent residing, carrying on business or employed within the jurisdiction of that court, for the maintenance of any child or any pupil, and any such order shall have effect from the date on which it is made unless the court orders that it shall have effect from an earlier or later date.

 

2) A provisional contribution order may be made against a respondent resident in any country which is a "proclaimed country" within the meaning of section 1 of the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act No. 80 of 1963), by a children’s court for the maintenance of any child brought before that court for the purpose of an inquiry in terms of section 13 of this Act.

 

3) Any children’s court or magistrate’s court in whose jurisdiction the respondent resides, carries on business or is employed may, after completion of the prescribed inquiry or on application of the respondent, vary, suspend or rescind a contribution order or revive the order after it has been rescinded.

 

4) If any court other than the court which issued the contribution order concerned varies, suspends, rescinds or revives the contribution order in terms of subsection (3), the clerk of the first-mentioned court shall inform the clerk of the last-mentioned court immediately of such variation, suspension, rescission or revival.