Children's Act, 2005 (Act No. 38 of 2005)Chapter 4 : Children’s CourtsPart 2 : Court proceedings65. Monitoring of court orders |
(1) | A children’s court may monitor— |
(a) | compliance with an order made by it in a matter; or |
(b) | the circumstances of a child following an order made by it. |
(2) | For purposes of monitoring compliance with an order made by a children's court of the circumstances of a child following an order, the court— |
(a) | when making that order, may order— |
(i) | any person involved in the matter to appear before it at any future date; or |
(ii) | that reports by a designated social worker be submitted to the court within a specified period of from time to time as specified in the order; |
(b) | at any time after making an order or when a report of non-compliance mentioned in subsection (4) is referred to it, may call or recall any person involved in the matter to appear before it. |
(3) | When a person appears before the court in terms of subsection (2) the court may— |
(a) | inquire whether the order has been or is being complied with, and if not, why the order has not been complied with or is not being complied with; |
(b) | confirm, vary or withdraw the order; or |
(c) | enforce compliance with the order, if necessary through a criminal prosecution in a magistrate’s court or in terms of section 45(2). |
(4) | Any person may report any alleged non-compliance with an order of a children’s court, or any alleged worsening of the circumstances of a child following a court order, to the clerk of the children’s court, who must refer the matter to a presiding officer for a decision on possible further action. |