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
13/07/2024 Bertus Preller Artificial fertilisation, Best Interests of the Child, Child Maintenance, Children, Guardianship, Life Partnerships, Parental Rights, Same Sex Couples 2024 ZAGPJHC 626, A.V and Another v D.C, artificial fertilisation, AV and NZ, best interests of the child principle, Child's Best Interests, children's act, co-parenting, Constitutional Court, Contact rights, custody disputes, DC, family advocate report, Family Law, family law practitioners, guardianship, identity and birth certificate, international travel consent, judicial decision, Legal Framework, legal precedent, maintenance payments, medical aid dispute, Parental Rights, permanent life partner, Section 21, Section 23, Section 40, South African Law, VJV case Case on Same-Sex Couples and Artificial Fertilisation: A.V and Another v D.C and Others (40522/19) [2024] ZAGPJHC 626 (26 June 2024) – Balancing Parental Rights and Child’s Best Interests Introduction In A.V and Another v D.C and Others (40522/19) ZAGPJHC 626 (26 June 2024), the applicants, AV and NZ, and the first respondent, DC, initially believed that certain sections… READ MORE
12/07/2024 Bertus Preller Best Interests of the Child, Children, Grandparents Rights, Guardianship, Parental Rights appellate interference, best interests of child, Children’s Court, children's act, Contact rights, court order, Family Advocate, Family Law, fraud, grandparental rights, High Court Judgment, K.R.S v C.L, legal principles, mistake, Parental Rights, rescission application, Section 23 application, settlement agreement, South Africa, void ab initio Grandparent Rights Upheld: High Court Rejects Father’s Bid to Rescind Contact Order in K.R.S v C.L (A186/2023) [2024] ZAGPPHC 627(21 June 2024). Background: The Children's Court Order and Family Dynamics The case of K.R.S v C.L (A186/2023) ZAGPPHC 627 stems from a complex family dispute involving a father, his children's maternal grandmother,… READ MORE
02/06/2024 Bertus Preller Best Interests of the Child, Children, Curator Ad Litem, Divorce, Guardianship, Parental Rights, Relocation, Views of the Child AR v BMR, best interests of the child, best practices, care and contact disputes, challenges, Child Participation, child-centered approach, children's rights, children's act, civil matters, Constitution, Court Proceedings, curator ad litem, family justice system care and contact, Family Law, independence, Legal Ethics, Legal Representation, objectivity, South Africa The Crucial Role of Curators Ad Litem in Protecting Children’s Interests in South African Care and Contact Matters. Introduction The appointment of a curator ad litem in legal matters involving the care and well-being of children has become increasingly important in ensuring that the best interests of the… READ MORE
01/06/2024 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Guardianship, Parental Rights, Relocation, Views of the Child best interests of the child, child development, Child Relocation, child's views, Children’s Act 38 of 2005, clinical psychologist, co-parenting, competing interests, counselling psychologist, emotional well-being, expert evidence, Family Law, landmark decision, meaningful relationship, non-relocating parent, Parental Rights, parenting plan, reasonableness of relocation, relocating parent, relocation application, relocation assessment, relocation dispute, relocation factors, relocation hearing, relocation judgment, relocation order, section 28(2) Constitution, shared parenting, urgent relief V.L v F.N (4760/2024) [2024] ZAWCHC 146 (30 May 2024) – A Court Decision in Family Law on Child Relocation. Introduction In the recent case of V.L v F.N (4760/2024) ZAWCHC 146, delivered on 30 May 2024, the Western Cape High Court was faced with a complex and emotionally charged… READ MORE
20/05/2024 Bertus Preller Best Interests of the Child, Children, Guardianship, Parental Rights, Procedural Law, Procedure, Schooling abuse of process, best interests of the child, biological parents, care and contact, child contact, Child Custody, children's act, consanguinity, costs order, court's discretion, Family Advocate, M M v N M and Others, minor child, Mukaddam v Pioneer Foods, Parental Responsibilities, Parental Rights, third-party rights, Uniform Rule 6(12)(b), urgent applications The Limits of Third-Party Rights in Child Contact: P.D and Another v A.R and Another (D779/2023) [2024] ZAKZDHC 27 (17 May 2024). Background of the case The case of P.D and Another v A.R and Another (D779/2023) ZAKZDHC 27 (17 May 2024) involved an unusual set of facts. The applicants, who were… READ MORE
17/03/2024 Bertus Preller Best Interests of the Child, Children, Guardianship, Hostile Family Lawyers, Parental Rights, Views of the Child bias in evaluations, care and contact disputes, child best interests, child welfare, court reliance on experts, cultural influence, Custody Battles, ethical dilemmas, expert testimony ethics, expert witness objectivity, family dynamics, forensic assessments, forensic social workers, hired gun phenomenon, impartiality in assessments, judicial decisions, Legal Framework, legal outcomes, Legal Standards, mental health impact, peer review panels, professional development, professional integrity, psychological evaluations, Schneider case analysis, subjective interpretation Navigating the Battlefield: Overcoming the ‘Hired Gun’ Phenomenon in Forensic Child Care Assessments. Introduction In a typical case, let us consider a fictional scenario involving a forensic psychologist, Dr. Smith, who is hired to conduct a care and contact assessment for a care… READ MORE
22/02/2024 Bertus Preller Children, Guardianship, Parental Rights, Same Sex Couples adoption, best interests of the child, child care, child development, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Contact rights, Court Rulings, custody rights, emotional well-being, Family Court, family dynamics, Family Law, family structures, foster care, guardianship application, Guardianship Rights, Legal Framework, Legal precedents, legal standing, non-biological guardianship, Parental Responsibilities, psychological assessments, psychological bonds, R.C v H.S.C, stepparent rights, visitation rights Expanding Family Boundaries: Navigating Non-Biological Guardianship Rights – R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219; 2023 (4) SA 231 (GJ). 1. Introduction In this case the High Court delved deeply into the intricacies of guardianship, contact, and care rights under the Children's Act, with a keen focus on the welfare… READ MORE
01/02/2024 Bertus Preller Children, Guardianship, Orphans, Parental Rights child custody law, child welfare decisions, Child's Best Interests, children's contact rights, Children’s Act 38 of 2005, Court Order Compliance, curatrix ad litem role, custody battle, family court insights, family law case law, family therapy importance, guardianship arrangements, guardianship dispute, guardianship nomination, legal challenges, Legal Guardianship, Legal proceedings, minor children protection, orphan welfare, parental rights implications, South African Family Law, Welgemoed v Potgieter Safeguarding Orphans’ Future: Lessons from the Welgemoed v Potgieter Guardianship Dispute. – Welgemoed and Another v Potgieter and Others (88660/2019) [2024] ZAGPPHC 13 (2 January 2024). Introduction to the Case The matter of Welgemoed and Another v Potgieter and Others (88660/2019) presented before the Gauteng Division, Pretoria High Court, captivates with its sorrowful premise, underpinning the… READ MORE