Our expert says:
Family law expert
Contempt procedure is usually initiated by way of notice of motion. The applicant must prove that the order of court with which the respondent has failed to comply came to the respondent's personal notice. The applicant must obviously also prove that the respondent thereupon failed to comply with the court order. See Botha v Dreyer (1880) 1 EDC 74, Estate Scholtz v Carroll (1906) 23 SC 430, Eaton, Robins and Co v Voges (1909) 19 CTR 140, Resident Magistrate of Humansdorp v B Kosana 1915 EDL 4, Van Biljon v Van Biljon 1960 1 PH F28 (O), Consolidated Fish Distributors (Pty) Ltd v Zive and Others 1968 (2) SA 517 (C) at 522 and Culverwell v Beira 1992 (4) SA 490 (W) at 493D.
In general, it has been accepted that, once a failure to comply with a court order that was within the personal knowledge of the respondent has been established, the wilfulness and mala fide character of the conduct of the respondent will be inferred and the onus will then rest on the respondent to rebut the inference of wilfulness on a balance of probabilities. This may be done by evidence establishing that the court's order was not intentionally disobeyed. See Putco Ltd v TV & Radio Guarantee Company (Pty) Ltd and Other Related Cases 1985 (4) SA 809 (A) at 836E, Du Plessis v Du Plessis 1972 (4) SA 216 (O) at 220.
Get her conduct on paper as G-Dad mentions and then consult and attorney to bring and application for contempt of court. I would however first warn her that I will bring such an application as this might prompt her tp adhere than to be faced with a hefty legal bill.
The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal
advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.