Do you think this is fair?

This doesn't sound fair - no. When you paid, was there any form of contract between you and the midwife? Because the terms and conditions would be documented there.
I'm also inquisitive now about who this was. I think you should just say - but if you'd rather not - then please PM me? I'm TTC at the moment, and wanting to go down the midwife route. Perhaps you should mention to her that if she does not refund you you'll "name and shame" her on all the mommy forums? If she was in the least bit sensible, she'd refund you!!!

hmm that does sound suspect to me too...btw who is this Midwife (you can PM me the details if you want) just need to make sure I don't end up with her.

You can take her to the small claims court-and that you can handle on your own without legal representation. If you want to make use of a lawyer, just keep in mind what you paid her for the deposit, you dont want to end up spending R15k to recover R5k to 'prove a point'.

Here is the website for the DOJ if you would like some more information on the small claims court: www.justice.gov.za/scc/scc.htm

No thats completly unfair. Which midwife was it? Because I am also planning a home birth and I dont wont to be put in the same situation.

Was this midwive by any chance named Sue King? I can tell you horror stories about her but I won't do it here in public. And no - it seems unfair that you have not received a part or even your full deposit back.

Definitely not fair, especially after she insisted on giving the money back. I agree, take her to court.

Hi ladies,

As you may or may not know I was planning on a homebirth, but ended up with an emergency C-section, but now the midwife refuses to pay us back the full amount of the deposit, after she insisted the day after delivery that she was going to, that we must just give her a little time, and this was back in beginning of June 2011.
The first reasons she gave was that she occurred expenses regarding medication and birth preparations, which I understand, but there's no reason she couldn't use those for her next client, but now she's charging them deposit money for stuff we paid for. Which seems a little, no a lot, unethical to me. Now she changed her story to it being charged for time spent in hospital, might I just add that she was never technically "in hospital" with me, she attended the doctors consultation, but she was never asked to go or to stay when things were taking a little longer, we even told her that she's welcome to leave and we'll let her know what happens. Now we'll have to go to court to settle this nonsense. What I would really like to know, to all you moms out there, do you think this is fair?