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Legal Uncertainty in KLW v CSW (202035177) [2025] ZAGPJHC 41 (22 January 2025): A Reassessment of Rule 43(6) and Maintenance Variation in South African Law.

Introduction The judgment in KLW v CSW (202035177) ZAGPJHC 41 raises important questions regarding the application of Rule 43(6) of the Uniform Rules of Court and the judicial approach to…

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Playing Hide and Seek with Assets? High Court Says ‘Game Over!’ – D.M v D.M (2021 043212) [2025] ZAGPJHC 31 (28 January 2025).

The Novel Question: When Must a Spouse Comply with a Section 7 Notice? When it comes to financial disclosure in divorce proceedings, some spouses treat their assets like a magician's…

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Best Interests of Children Triumph Over Expert Recommendations: D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025).

Introduction: A Modern Family's Legal Journey in the Western Cape High Court In a landmark judgment delivered electronically on 23 January 2025, the Western Cape High Court grappled with complex…

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Guardianship and Relocation Disputes in Focus: LR J and Another; In Re: JB J v EH B and Others (2024-024281) [2025] ZAGPJHC 11 (14 January 2025.

Introduction to the Case: Background and Legal Context The case LR J and Another; In Re: JB J v EH B and Others (2024-024281) ZAGPJHC 11 (14 January 2025) highlights…

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The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices.

The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to…

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AI on Trial: The Mavundla Case and the Curious Case of Phantom Citations.

The Dangerous Allure of AI-Generated Legal Citations: Understanding the Mavundla Case - Or How Not to Let ChatGPT Play Judge The recent judgment in Mavundla v MEC Department of Co-Operative…

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Comparative Analysis: South African, English, Australian, and French Law on Parental Responsibility, Relocation, and Child Abduction.

Parental Responsibility South Africa: Governed by Chapter 3 of the Children’s Act 38 of 2005, parental responsibilities and rights include care, contact, guardianship, and maintenance. These responsibilities are automatic for…

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Relocation Disputes in South Africa: Balancing the Child’s Best Interests and Parental Rights.

Understanding Relocation Disputes and the Best Interests of the Child Relocation disputes arise when a parent wishes to move with a minor child, either within South Africa or internationally, and…

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When Time is Not on Your Side: Supreme Court Issues Urgent Warning on Hague Convention Delays in N M v Central Authority for Republic of South Africa and Another [2024] ZASCA 178 (19 December 2024).

Introduction: A Child's Journey Between Two Continents The Supreme Court of Appeal recently delivered a landmark judgment in N M v Central Authority for Republic of South Africa and Another…

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No Easy Path to Rescind Divorce Orders: Western Cape High Court’s Ruling in MMS v LES (5910/2019) [2024] ZAWCHC (19 December 2024).

Court Finds No Grounds for Rescission of Divorce Order Despite Claims of Undue Influence In an important judgment delivered by Acting Judge Mapongwana in the Western Cape Division of the…

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