The sad reality is that children often become collateral damage in divorce proceedings.
A teenager’s dreams to complete this year’s Formula One season in his category was shattered by his parents’ bickering.
The youngster, who is said to be one of the top competitors in the country in his class, has to, for now, forgo his ambitions after an order by the Gauteng High Court, Pretoria.
The teenager’s parents are divorced, but when they were still on speaking terms, both agreed to contribute equally towards his passion.
Things turned sour when the boy’s father found a new love and his mother struggled to cope with it.
The father had set an ultimatum that he would continue to contribute financially towards the racing, provided the mother was civil regarding his relationship.
The teenager’s mother refused, so his father refused to continue paying.
The boy’s mother obtained a court order which forced her husband to continue to pay his contribution, but he is appealing that ruling.
Although the appeal is still pending, which means the former order is on ice, the mother again turned to court to allow the order to remain in place pending the appeal.
She said the Formula One season for this year was over in November, and she wanted her husband to pay until at least then. The mother said as her son’s dream was on the line, the case provided exceptional circumstances for the court to order the father to pay, or at least for now.
After the divorce, a dispute arose between the parties as to whether the expenses relating to the racing activity, which his mother refers to as an extra- mural activity or sport, and his father as a hobby, constitute “reasonable maintenance needs”, as is provided for in the divorce settlement agreement.
During the Covid-19 pandemic, the father sold the teenager’s racing car as he could no longer afford the expenses. He, however, bought another car a few months later and, at a later stage, a second car.
The parents shared the expenses, until the father’s new love entered the picture.
The father argued that as it was not regarded as a maintenance obligation, and as his ex-wife would not heed to his request for her to be civil towards his new love, he would stop paying for the racing.
He, however, agreed to continue paying his half, provided the mother reimburse him if he won his appeal, which the mother refused.
The court said there was no evidence that the teenager’s non-participation in the remainder of the season would destroy any opportunities that might exist in this regard.
Judge Elmarie van der Schyff said: “Not participating in the remainder of the 2023 season will be a missed opportunity, but a missed opportunity that can hardly be considered irreparable harm.”
Pretoria News