(1)
(a)
| (i) | This rule applies whenever a person intends to enforce rights referred to in section 15 of the Act. |
| (ii) | An application referred to in sub-paragraph (i) must be made on a form corresponding substantially with Form A of the Annexure and must be supported by an affidavit |
| (b) | The affidavit in support of the application must, in addition to setting out every factor in support of the application, include the— |
| (i) | particulars of the person whose rights have been infringed; |
| (ii) | alleged rights which have been infringed or threatened; |
| (iii) | manner in which the minor child has been impacted and the factors that impact on the best interest of the minor child; |
| (iv) | facts upon which the person relies; |
| (v) | relief sought, including a declaration of rights; and |
| (vi) | particulars of interested persons against whom or in whose favour the relief or declaration will operate. |
(2)
| (a) | Any party affected by the application must be cited and given notice. |
(b)
| (i) | Any affected party wishing to oppose the application must file an answering affidavit at least 10 days after receipt of the application. |
| (ii) | The answering affidavit must set out the grounds on which the application is opposed. |
(c) The applicant may file a replying affidavit within five days of receipt of the answering affidavit.
(d) In ex parte or urgent matters, the provisions of rule 10 will apply.
| (3) | The application must be lodged with the clerk who must immediately submit the application to the court. |
| (4) | The court may direct that notice must be given to any other affected party. |
| (5) | The court must direct whether— |
| (a) | the child must attend the hearing taking into consideration the child’s age, health and personal circumstances; |
| (b) | a legal representative for the child must be appointed if it is in the best interests of the child; and |
| (c) | a report on the best interest of the minor child is required. |
| (6) | The clerk must, not later than 10 days before the date of the hearing, or such other period as the court may direct, notify the parties of such date in the manner prescribed in the justice regulations. |
| (7) | The court may grant such relief as may be appropriate including interim relief. |
| (8) | A court order may be made on a form corresponding substantially with Form B of the Annexure. |
