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
29/11/2024 Bertus Preller Alienation, Best Interests of the Child, Children, Costs, Curator Ad Litem, Divorce, Parental Alienation, Sexual Abuse, Sexual Abuse, Shared Residency abuse investigation, best interests of child, case coordinator, child protection, child safety, child sexual abuse allegations, child testimony, child welfare, child's voice, children's act, court-ordered therapy, curator ad litem, custody disputes, custody evaluation, evidence assessment, expert evidence, family court experts, family court procedure, family dynamics, forensic interviewing, forensic social workers, parental contact, Parental Rights, professional expertise, psychological evaluation, sexual abuse assessment, sexual misconduct claims, social work credentials, social work evaluation, supervised access Sexual Abuse Allegations & Expert Social Workers: High Court Sets New Standards in Child Care and Contact – N.J.B.D. v C.D (8780/2021P) [2024] ZAKZPHC 112 (27 November 2024). Background: A Complex History of Custody Disputes and Sexual Misconduct Allegations In a compelling judgment delivered by Acting Justice Nicholson in the KwaZulu-Natal Division of the High Court, Pietermaritzburg, the… READ MORE
19/11/2024 Bertus Preller Adversarial Legal System, Appeal, Best Interests of the Child, Children, Coercive Control, Conduct of Childcare Experts, Costs, Divorce, Family Law Court System South Africa, In Community of Property, Marital Regimes, Pacta sunt servanda, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation, Settlement agreements, Shared Residency best interests of child, breastfeeding rights, Child Custody, children's rights, children's act, Constitutional Rights, costs order, custody agreement, custody battle, divorce proceedings, divorce settlement, Family Advocate, family advocate recommendations, Family Court, Family Law, financial coercion, joint estate, Judicial Discretion, legal precedent, matrimonial property, Medupi Power Station, Parental Rights, parenting plan, Primary Caregiver, primary residence, settlement agreement, South African courts, Supreme Court of Appeal, unilateral relocation, upper guardian When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024). Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the… READ MORE
13/11/2024 Bertus Preller Alimony, Appeal, Arrear Maintenance Variation, Arrears, Best Interests of the Child, Child Maintenance, Children, Costs, Maintenance, Maintenance Court, Variation child interests, child maintenance, child rights, Constitutional Court, court access, judicial authority, judicial integrity, Legal Practitioners, Maintenance Act, maintenance appeals, maintenance arrears, maintenance beneficiaries, maintenance claims, maintenance compliance, maintenance courts, maintenance default, maintenance discharge, maintenance enforcement, maintenance judgments, maintenance jurisdiction, maintenance law, maintenance obligations, maintenance officers, maintenance orders, maintenance proceedings, maintenance variations, maintenance write-offs, Prescription Period, punitive costs, SS v VV-S Maintenance Orders in South African Law Constitutional Court Jurisprudence and Fundamental Principles Introduction The enforcement of maintenance orders in South Africa has evolved significantly through Constitutional Court jurisprudence. The landmark case SS v VVS 2018 (6)… READ MORE
30/10/2024 Bertus Preller Best Interests of the Child, Children, Maintenance, Paternity Fraud best interests of child, biological father, child maintenance, child rights, child support, child welfare, children's act, condictio indebiti, Constitutional Rights, court order, DNA evidence, DNA testing, enrichment claims, family bonds, Family Court, family law South Africa, family relationships, fraud claims, Judicial Discretion, legal duty, legal precedent, maintenance claims, maintenance recovery, marriage law, misattributed paternity, Parental Rights, paternity dispute, paternity fraud, paternity testing, Psychological Impact, WhatsApp evidence From Dad to Duped: South Africa’s Legal Dance with Paternity Fraud and the Quest for Truth. Understanding Paternity Fraud in South Africa: What You Need to Know Paternity fraud occurs when a mother, knowing or suspecting the truth, deliberately misidentifies a man as her child's biological… READ MORE
28/10/2024 Bertus Preller Children, Maintenance, Paternity Fraud, Procedure Access to Justice, affidavits via Zoom, birth certificate amendment, children's act, civil litigation, civil procedure, Constitutional Rights, court modernization, court precedent, digital evidence, divorce settlement, DNA results, DNA testing, electronic evidence, Family Law, High Court Judgment, judicial interpretation, legal presumption, legal presumptions, legal reform, legal technology, maintenance obligations, maintenance payments, parental rights termination, parenting plan, paternity fraud, remote legal procedures, South African Law, virtual commissioning, WhatsApp evidence From WhatsApp to Whoops: How Digital Messages and a Virtual Oath Transformed Paternity Law in VJS v SH (19578/2024) [2024] ZAWCHC 333: Can You Zoom Your Way to Justice? Background: A Paternity Dispute Emerges from WhatsApp Messages In a significant judgment from the Western Cape High Court, a project manager working at the US Embassy in Pakistan sought to… READ MORE
24/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Family Law Court System South Africa, Financial Disclosure, Maintenance, Parental Rights, Procedural Law, Settlement agreements, Shared Residency attorney misconduct, attorney responsibility, Children's Best Interests, children's act, court officers, court protocols, court upper guardian, Divorce Act, Divorce Law, divorce maintenance, divorce proceedings, divorce settlements, family advocate investigations, Family Advocate role, Family Law, High Court judgments, judicial criticism, Legal Ethics, legal fees disallowed, legal practice standards, legal practitioner duties, maintenance obligations, professional boundaries, professional conduct, shared custody, shared residency, unopposed divorce, WhatsApp communication Attorney’s WhatsApp Blunder Costs Fees in Shared Residency Battle – P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046. Shared Residency: Not Always the Default Solution for Divorced Parents In a groundbreaking judgment delivered by Acting Judge Haupt in P.V.Z v L.V.Z (047502/2024; 36830/2022; 064524/2023) ZAGPPHC 1046, the Gauteng… READ MORE
18/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Cohabitation, Costs, Divorce, International Divorce, Procedural Law, Relocation, Separation Applications child maintenance, cross-border family law, Dubai relocation, enforceability, High Court Judgment, international divorce, jurisdiction, minor children's interests, punitive costs, Rule 33(4), Rule 43, separation of issues, South Africa, Urgent Application Dubai Dreams vs. Divorce Duties: GK v KK (2015-96997) [2024] ZAGPPHC 1015 (16 October 2024) – Unravels International Family Law Challenges in Separation Applications. Background: The Complexities of an International Divorce The case of GK v KK (2015-96997) ZAGPPHC 1015 (16 October 2024) highlights the intricate challenges that arise when divorce proceedings intersect with… READ MORE
15/10/2024 Bertus Preller Arrears, Best Interests of the Child, Children, Contempt of Court, Costs, Financial Abuse, Financial Disclosure, Living Together, Maintenance, Punitive Cost Orders child support, child welfare, contempt of court, court sanctions, family dispute, Family Law, financial disclosure, judicial enforcement, legal compliance, Maintenance Order, parental obligations, periodic imprisonment, South Africa, Variation Application Contempt of Court: V.T.H v E.W (7333/2024) [2024] ZAWCHC 310 – (14 October 2024) – Upholds Sanctity of Maintenance Orders. Background: The Breakdown of a Family and a Court Order The case of V.T.H v E.W (7333/2024) ZAWCHC 310 (14 October 2024) sheds light on the complex aftermath of a… READ MORE
07/10/2024 Bertus Preller Best Interests of the Child, Children, International Travel, Relocation Australia, best interests, bona fide decision, Child Custody, children's act, Custodian Parent, Family Advocate, Family Law, International Relocation, Jackson v Jackson, Parental Rights, reasonable contact, relocation, South Africa Relocation Triumph: Mother’s Move to Australia Approved in A.J v F.J (2024/001162) [2024] ZAGPJHC 997. (4 October 2024). Background: The Divorced Couple's Relocation Dispute The case of A.J v F.J (2024/001162) ZAGPJHC 997 (4 October 2024) revolves around a divorced couple's dispute over the relocation of their two… READ MORE