26/12/2024 Bertus Preller Abduction, Adoption, Alienation, Best Interests of the Child, Children, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, International Family Law, International Travel Australian family law, best interests of the child, child abduction, Child Custody, Child Relocation, child welfare, child’s views in family law, children’s act, comparative law, cross-border family disputes, Custody Battles, English family law, Family Advocate, Family Law, family law frameworks, family law reform, family mediation, Fletcher v Fletcher, French family law, Hague Convention, International Child Abduction, joint parental responsibility, legal aid in family law, parental authority, parental responsibility, Parental Rights, relocation disputes, relocation with children, sibling unity, South African Family Law 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… READ MORE
26/12/2024 Bertus Preller Alienation, Best Interests of the Child, Children, Conduct of Childcare Experts, Holiday Travel, International Travel, Parental Alienation, Parental Rights, Relocation, Views of the Child best interests of the child, child custody relocation South Africa, child psychological impacts relocation, child relocation South Africa, child welfare relocation, Children’s Act 38 of 2005, co-parenting and relocation, F v F, family advocate relocation disputes, family law relocation, Godbeer case, High Court relocation cases, international relocation cases, interprovincial relocation South Africa, Jackson v Jackson, legislative gaps in relocation law, mediation in relocation disputes, parenting plans South Africa, Payne v Payne, relocation disputes South Africa, relocation law reform, shared parental responsibility South Africa, socio-economic factors in relocation, structured relocation checklist, Van Rooyen case 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… READ MORE
23/12/2024 Bertus Preller Abduction, Appeal, Best Interests of the Child, Children, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Parental Alienation, Parental Rights, Procedure, Relocation Article 13(b), Australian courts, Central Authority, child abduction, child protection, child rights, child welfare, children's act, Constitutional Challenges, cross-border parenting, custody proceedings, domestic violence, Expeditious Proceedings, Family Advocate, grave risk defence, Hague Convention, international child return, international family law, international obligations, Judicial Discretion, judicial separation, legal precedent, Parental Rights, procedural delays, Protective Measures, South Africa, South African jurisdiction, Supreme Court of Appeal, time limits, undertakings, urgent applications 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… READ MORE
19/12/2024 Bertus Preller Costs, Divorce, Procedure, Recission of Divorce Orders, Settlement agreements condonation applications, consent agreement, consent paper validity, Consent Papers, consent validity, Court Jurisdiction, court order rescission, Court Procedures, divorce consent requirements, divorce law south africa, divorce order challenges, divorce order variation, divorce proceedings, divorce rights, divorce settlements, financial pressure divorce, High Court Judgment, legal consent, legal precedent, legal representation divorce, mapongwana aj, Marriage Dissolution, mental health divorce, rescission of court orders, rule 42 applications, rule 42 uniform rules, South African Family Law, undue influence divorce, Western Cape High Court 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… READ MORE
07/12/2024 Bertus Preller Accomodation, Alimony, Arrear Maintenance Variation, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance, Variation Rule 43(6) children's rights, constitutional protection, court order variation, custody rights, divorce proceedings, family accommodation, Family Law, financial protection, High Court Judgment, interim relief, judicial precedent, legal precedent, Lekhuleni J, maintenance arrears, maintenance default, matrimonial home, matrimonial property, Minor Children, parental obligations, property rights, Property Transfer, rental accommodation, Rule 43 variation, shelter protection, shelter rights, South African courts, spousal maintenance, unilateral property sale, upper guardian, Western Cape High Court Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024). Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the… READ MORE
04/12/2024 Bertus Preller Namibia Divorce Law asset division Namibia, child custody Namibia, child support Namibia, child welfare divorce Namibia, Dissolution of Marriages Act 2024, divorce court Namibia, divorce law Namibia 2024, divorce law reform Namibia, divorce mediation Namibia, equitable divorce Namibia, family court Namibia, High Court divorce Namibia, irretrievable breakdown divorce Namibia, joint custody Namibia, legal reforms Namibia, magistrate courts Namibia, maintenance laws Namibia, marriage dissolution Namibia, modern divorce laws Namibia, Namibia Divorce Act, Namibia family law, Namibia judicial system, Namibian divorce process, Namibian legal system, no-fault divorce Namibia, privacy in divorce Namibia, property division Namibia, spousal maintenance Namibia, vulnerable parties divorce Namibia Namibia’s Divorce Revolution: A Comprehensive Guide to the Dissolution of Marriages Act, 2024. Namibia’s New Divorce Act: A Modern Approach to Marital Dissolution On 24 October 2024, Namibia introduced the Dissolution of Marriages Act 10 of 2024—commonly referred to as the Divorce Act—heralding a… READ MORE
03/12/2024 Bertus Preller Adult Children, Arrear Maintenance Variation, Arrears, Children, Maintenance, Maintenance Court, Procedural Law Tale of Two Judgments: High Court’s Evolution on Adult Child Maintenance – O V v C M V [2024] ZAGPPHC vs D.W.T v M.T [2022] ZAWCHC 203: Which Path Forward? Introduction: The Maintenance Dilemma for Adult Children The recent High Court judgment in O V v C M V (Case No. 84818/2017) ZAGPPHC delivered by Acting Judge Scheepers grapples with… READ MORE
02/12/2024 Bertus Preller Actio communi dividundo, Division of Estate, Divorce, Islamic Law, Muslim Marriages, Procedure actio communi dividundo, bound co-ownership, constitutional equality, equal rights, free co-ownership, High Court Judgment, Islamic divorce, Islamic law, Islamic marriage, joint ownership, joint property, legal precedent, marital home, Marriage Dissolution, marriage property, property co-ownership, property dispute, Property Division, property division Islamic marriage, property rights, property sale, property settlement, Property Valuation, South African Law, South African property law, spousal contributions, spouse rights, Talaaq, Western Cape High Court Islamic Marriage Property Rights: High Court Champions Equal Division in K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024). Background: From Islamic Marriage to Property Dispute The Western Cape High Court recently grappled with a property division dispute stemming from a dissolved Islamic marriage in K.A v A.E and… READ MORE