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Pleading Poverty While Plundering the Pot: The Courts Draw a Hard Line on Rule 43(6) Abuse — C V S v S V S (18688/2022) [2026] ZAWCHC 30 (16 February 2026).

The Facts: A Pattern of Non-Disclosure and Deliberate Financial Engineering In C V S v S V S (18688/2022) ZAWCHC 30 (16 February 2026), Holderness J was confronted with what…

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Unmarried Parents’ Custodial Rights and Cross-Border Habitual Residence: Central Authority for the Republic of South Africa v MV and Another (1396/2024) [2025] ZASCA 197 (18 December 2025).

Factual Background: From Geneva to Gauteng – The Retention of a Minor Child The factual matrix in this matter presents a textbook illustration of how international child retention disputes arise…

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Section 26B Citizenship Act Does Not Apply to Minors: A.T.A v L.A.A (2025/246332) [2025] ZAWCHC 597 (19 December 2025) Clarifies International Travel Authorisation.

Introduction The Western Cape High Court recently delivered an important judgment clarifying the application of passport and citizenship requirements to minor children travelling internationally. In A.T.A v L.A.A (2025/246332) ZAWCHC…

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When Lawyers Become Warriors: The Dangers of Over-Identification with Clients in South African Children’s Matters.

Introduction In high conflict childcare and contact disputes, lawyers sometimes align so closely with their clients’ positions that they become virtual proxies for parental animosity. This “over-identification” with clients, even…

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Unproven Abuse Allegations and Expert Evidence: When Courts Reject Referral to Trial in Child Contact Disputes – C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025).

The Factual Matrix: Allegations of Sexual Abuse and Protracted Litigation The case of C.N v I.G.R (D6383/2024) ZAKZDHC 68 (28 October 2025) presents a troubling factual scenario that will resonate…

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From Case to Comprehensive Analysis: L.L.K v P.K (D317/2019) [2025] ZAKZDHC 54 Sparks Deep Dive into Contempt of Court in South African Family Law – Constitutional Protections, Enforcement Mechanisms, and Evolving Jurisprudence.

Introduction and Context Contempt of court in South African law refers to the wilful and mala fide (bad faith) refusal to comply with a court order. In the realm of…

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When Conditional Consent Becomes Unreasonable Refusal: Parental Rights and Overseas Travel in B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025).

Factual Background: A Tale of Parental Acrimony and Non-Cooperation The case of B.U v C.M and Others presents a deeply troubling portrait of how parental discord can prejudice a child's…

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Child and Spousal Maintenance in South Africa: Complete Guide to Legal Duties, Court Processes, and Case Law (2025 Edition).

Introduction Child and spousal maintenance are critical aspects of family law in South Africa, ensuring that dependents are cared for financially when families break up or circumstances change. Maintenance generally…

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When Borders Divide Families: M.K v A.J.K (11407/2023) [2025] ZAWCHC 288 (7 July 2025) – International Child Custody and the Qatar Dilemma.

Factual Background: When Divorce Proceedings Cross International Borders This matter exemplifies the complex legal and practical challenges that arise when families with established lives in foreign jurisdictions face marital breakdown.…

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“Torn Apart Without Cause”: High Court Slams Children’s Court in S.E.T and Others v Department of Justice and Another (A83/2024) [2025] ZAWCHC 282 (4 July 2025).

The Factual Matrix: Arrests, Allegations and the Path to Atlantis Court This matter originated in deeply troubling circumstances involving two minor children, a six-year-old girl (X) and a one-year-old boy…

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