Our expert says:
Family law expert
Your Application to vary the existing order in terms of Rule 43(6) will fail.
Rule 43 (6) explicitly says that the Court 'may, on the same procedure', vary its decision in the event of a material change taking place in the circumstances of either party or a child, or the contribution towards costs proving inadequate.
The question therefor is 'what material change' have taken place?
You will need to bring a Application for variation under Rule 42 of the Uniform Court Rules, not Rule 43.
Best is to ask your attorney to assist.
Bertus Preller - Family Law Attorney
KWJ Inc - Cape Town
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