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Question
Posted by: Survivor | 2010/02/19

Guardian used child''s investment for own purposes

Road Accident Fund paid money to minor children for possible future medical treatment. With mother and children''s agreement, father of children undertook to invest the money until each child turned 18, at which stage the money would be given to her - either for treatment or to use as she pleased. When the older child turned 18, the father refused, saying the money is ''gone''. What is the children''s (they are now 18 and 25) recourse? The father is ''absent'' and there has been no contact plus terrible acrimony for some years. Thank you

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Our expert says:
Expert ImageFamily law expert

A parent MUST control his child's estate like a "bonus et diligens paterfamilias", meaning like a prudent and reasonable person. If he does not do that, the child can sue the parent for delictual damages. Our Appellate division as far back as 1925 in the matter of Sackville West v Nourse 1925 AD 516 confirmed this.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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Our users say:
Posted by: Family law expert | 2010/02/20

A parent MUST control his child's estate like a "bonus et diligens paterfamilias", meaning like a prudent and reasonable person. If he does not do that, the child can sue the parent for delictual damages. Our Appellate division as far back as 1925 in the matter of Sackville West v Nourse 1925 AD 516 confirmed this.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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