order or such direction;
(b)
the refusal of an application for a contribution order or for the
variation, suspension, rescission or revival of a contribution order or direction made
in terms of subsection (2) of section forty-nine.
(2) The Magistrates Court Act [Chapter 7:10] and the High Court Act [Chapter 7:06]
and the rules made thereunder shall apply, mutatis mutandis, to such appeal as if it
were an appeal against the judgment in a civil suit by a magistrate.
55
Change of place of residence of respondent
(1) If a respondent against whom a contribution order has been made during the
currency of the order changes his place of residence, he shall forthwith give notice in
writing to the clerk of the children’s court by which the order was made and shall in
that notice state fully and clearly where the place of residence to which he has
removed is situated.
(2) When a respondent against whom a contribution order is in force removes to and
becomes resident in a district other than that of the court which made the order, that
court may, if it thinks it desirable, without prior notice to the respondent, vary the
order by designating as the officer to whom payment shall be made the clerk of the
children’s court of the district to which the respondent has removed, and when a court
has so varied an order it shall transmit a certified copy of the order to such clerk of
the court and inform the respondent by notice in writing of the variation of the order.
(3) An order which has been transmitted to another court in terms of subsection (2)
shall thereupon have effect and be enforceable as if it were an order of that court.
56
Service of process
(1) Any summons, rule, subpoena or notice in connection with any proceedings in
terms of this Part may be served without fee by any police officer in the manner
prescribed by the rules made in terms of the Magistrates Court Act [Chapter 7:10] for
the service of similar documents in civil proceedings in magistrates courts, unless any
other manner of service has been prescribed in terms of subsection (11) of section
five or by registered letter.
(2) Any writ of attachment in execution of a contribution order shall be executed by
the messenger of the magistrates court of the district in which the property to be
attached is situated, and the messenger’s fee and charges for the execution shall be
paid out of the proceeds of the sale of any such property attached in execution and
shall be levied in addition, and in preference, to the sum payable in terms of the
contribution order.
(3) Save as is provided in subsection (2), no costs of any proceedings in terms of this
Part or of any appeal in terms of section fifty-four shall be recoverable by any party
thereto from any other party, and no court fee shall be payable in connection with the
issue or lodging of any document in any such proceedings or appeal.
PART VII
ADOPTION OF CHILDREN
57
Jurisdiction and procedure in relation to adoption order
(1) The court having jurisdiction to make adoption orders in terms of this Part shall be
the children’s court established in terms of subsection (1) of section three within the
jurisdiction of which either the applicant or the minor resides at the date of the
application for the adoption order.
(2) For the purpose of any application in terms of this Part, the court shall appoint a
probation officer to act as guardian ad litem of the minor upon the hearing of the
application with the duty of safeguarding the interests of the minor before the court
Provided that, where the child is being adopted following a decision by its mother to
give it up for adoption, the Director shall appoint a probation officer to act as the
child’s guardian ad litem from the time the child is born or the mother makes the
decision, whichever is the later, and the probation officer shall be responsible for
safeguarding the child’s interests from his appointment until the completion of the
adoption proceedings.
Select target paragraph3
Add to table of contents