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Constitutional Court’s Insightful Interpretation of the Hague Convention’s Article 13(b) in a Pivotal International Child Custody Case – Ad Hoc Central Authority for RSA and Another v Heidi Nicole Koch N.O. and Another [2023] ZACC 37.

FACTS This case involves a complex international child custody dispute under the Hague Convention on the Civil Aspects of International Child Abduction. Here is a summary of the key facts:…

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Navigating the Seas of Relationships: Unveiling ‘The Unexpected Counsellor’ by Bertus Preller.

Introduction As a seasoned divorce lawyer and an ardent photographer, I have often found parallels between the precision required in capturing a perfect shot and navigating the intricate intricacies of…

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Insights from the Bench: Navigating Post-Divorce Parenting and Child’s Best Interests. – L.B v LAE (8551/2022) [2023] ZAGPPHC 1265 (21 November 2023).

Erasmus AJ Background This case revolved around the amendment of a parenting plan and a divorce order concerning the contact between the applicant (father) and the minor child, AMB. The…

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Understanding the Nuances of Child Custody: A Detailed Analysis of a Recent Interim Contact Case – M.D.B and Another v C.N (2023-113226) [2023] ZAGPPHC 1913 (17 November 2023).

Introduction The judgment by Van der Schyff J involved applicants seeking interim contact with a minor child, M, who was previously under their care. The case was presented in the…

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Navigating International Waters: A South African Family Law Case on Child Relocation to Dubai. – TS v S D D – Case Number: 7389/2023 – 20 November 2023.

Holderness AJ INTRODUCTION Application by the Mother: The applicant, the mother of two children, S (15 years old) and K (11 years old), sought several legal reliefs. These included: Permission…

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Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) 

Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.…

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Demystifying Contempt of Court in Family Law: Lessons from a Recent Case.

P L v R L (2022/016375) ZAGPJHC 1331 (10 November 2023) Introduction to the Case In a recent application, the court examined an opposed application divided into three parts, with…

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Listening to the Unheard: How a South African Court Prioritised Children’s Voices in a Landmark Care and Contact Decision.

C D v M D (093505/2023) ZAGPPHC 1231 (7 November 2023) A. Introduction Unnecessary Litigation in Family Disputes In this case, the court highlighted the issue of unnecessary litigation in…

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Understanding the New Children’s Act 17 of 2022: A Landmark Shift in South African Family Law.

Introduction The South African legal landscape witnessed a significant legislative shift with the enactment of the Children's Amendment Act 17 of 2022. This landmark change introduced the jurisdiction of Children's…

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Rule 43: Navigating Maintenance and Financial Fairness in South African Divorce Proceedings and Adult Dependent Children.

Y.V.D.M v W.P.V.D.M (2021/43213) ZAGPJHC 1280 (9 November 2023) Introduction Case Background: This case involved an application under Rule 43 of the Uniform Rule of Court, related to a pending…

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