31/01/2025 Bertus Preller Alimony, Best Interests of the Child, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Procedural Law, Rule 43, Rule 43 Cost Contributions, Rule 58, Spousal Maintenance, Variation, Variation Rule 43(6) best interests of the child maintenance, burden of proof maintenance, child maintenance law, cohabitation and maintenance, constitutional rights in maintenance, court reasoning in maintenance cases, ex-spouse financial obligations, family law court precedents, financial disclosure in divorce, financial hardship maintenance claims, interim maintenance orders, interim relief family law, KLW v CSW 2025, legal challenges in maintenance reduction, legal precedent in family law, maintenance case law, maintenance disputes South Africa, maintenance law developments, maintenance obligations in divorce, maintenance variation case, Rule 43 South Africa, Rule 43(6) application, Rule 43(6) maintenance, Rule 43(6) precedents, South African divorce maintenance, South African Family Law, spousal maintenance disputes, variation of maintenance orders 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… READ MORE
23/01/2025 Bertus Preller Best Interests of the Child, Children, Parental Rights, Same Sex Couples best interests of child, blended families, child welfare, children's rights, children's act, Civil Union Act, Constitutional Rights, contact arrangements, Contact rights, court appointed experts, custody arrangements, drug assessment, educational evidence, expert evidence, Family Advocate, Family Court, Family Law, family relationships, joint custody, joint expert minute, Judicial Discretion, legal precedent, Parental Rights, psychiatric evaluation, Same-Sex Marriage, South African Law, surrogacy, teacher testimony, upper guardian, Western Cape High Court 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… READ MORE
20/01/2025 Bertus Preller Best Interests of the Child, Children, Curator Ad Litem, Grandparents Rights, Guardianship, International Travel, Relocation, Views of the Child best interests of the child, child welfare, Children’s Act 38 of 2005, children’s rights, co-guardianship, cultural identity, curator ad litem, expert evidence, Family Advocate, family dynamics, family law judgment, financial stability, guardianship, guardianship disputes, high-conflict disputes, JB J v EH B, Judicial Discretion, legal precedent, Legal Representation, LR J and Another case, Parental Responsibilities, Parental Rights, relocation, relocation applications, relocation to Scotland, South African Family Law, stability in family law, supervised contact, supervised reintegration, trust funds 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… READ MORE
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
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