CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002) (2) Any person who is aggrieved by an order made in terms of subsection (1) may appeal against the order to a judge of the High Court who may refer the matter to the court for argument. (3) The judge of the High Court or the court, as the case may be, may, in any appeal in terms of subsection (2), confirm, vary or set aside the order appealed against. (4)69 Where any person against whom an order in terms of subsection (1) has been made fails to comply with the terms thereof, he shall be guilty of an offence and liable to a fine not exceeding two thousand dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 81 Magistrate may order parent to produce his child before children's court (1)9 If it appears to any magistrate from information on oath that there is within his province any child or young person in the custody of his parent or guardian who is in need of care, or who has absconded from any certified institution or training institute or any custody in which he has been placed in terms of this Act or the Criminal Procedure and Evidence Act [Chapter 9:07], the magistrate may, by notice in writing served in the prescribed manner, order that parent or guardian to produce the child or young person before the children's court on a day and at a time stated in the notice. (2)70 Any parent or guardian who fails without reasonable excuse, the burden of proof whereof shall rest upon him, to comply with the requirements of a notice served upon him in terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding two thousand five hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 82 Estimation of age (1) Whenever in any proceedings in terms of this Act, other than criminal proceedings, the age of any person is a relevant fact of which no or insufficient evidence is available, the officer presiding at those proceedings may estimate the age of that person by his appearance or from any information which is available, and the age so estimated shall, for the purposes of this Act, be deemed to be the true age of that person. (2) Where, after the conclusion of proceedings referred to in subsection (1), proof is adduced that the age of a person estimated in terms of that subsection is not the true age of that person it shall not, if the error has been made in good faith, affect any decision or order in those proceedings. (3) The age of a person estimated in terms of subsection (1) shall be deemed to have been attained on the day on which the estimate was made. (4) Whenever a person has been dealt with in accordance with any provision of this Act which can lawfully be applied only in connection with a person of a particular age or under or over a particular age and no evidence of his age was led and no formal estimate of his age was made in terms of subsection (1), the person in question shall be presumed to have been of that age or under or over that age, as the case may be, when he was so dealt with. (5) Where in a charge of an offence in terms of this Act it is alleged that the person by or in respect of whom the offence was committed was a child or young person or was under or over any specified age, and he appears to the court to have been at the date of the commission of the alleged offence a child or young person or to have been under or over the specified age, as the case may be, he shall, for the purposes of this Act, be presumed at that date to have been a child or young person or to have been under or over that age, as the case may be, unless the contrary is proved. 83 Liability of step-parent to maintain his step-child A step-parent shall be liable to maintain his step-child until such step-child attains the age of eighteen years: Provided that— 9 Subsection amended by s. 48 of Act 23/2001. 43