20/12/2023 Bertus Preller Children, Divorce, Guardianship, Parental Rights Child Custody, Children's Best Interests, Constitutional Rights, Court Decisions, Court Orders, divorce proceedings, Family Court, Family Law, Family Law Judgements, Jurisdictional Challenges, Legal Balancing Act, legal case analysis, Legal Costs, Legal Discretion, Legal Ethics, Legal Insights, Legal precedents, Medical Records Disclosure, Parental Duties, Parental Rights, Privacy Rights, Privacy vs Best Interests, South Africa, Therapy Confidentiality, W.B v R.B Balancing Privacy and Children’s Best Interests: Insights from W.B v R.B and Another (D8141/2022) [2023] ZAKZDHC 96 (18 December 2023). Introduction In the case of W.B v R.B and Another, presided over by Henriques J, the court faced a complex interlocutory application. This case, filed under case number D8141/2022 and… READ MORE
05/12/2023 Bertus Preller Children, Costs, Guardianship, Immigration, Parental Rights Children's Best Interests, constitutional court decisions, constitutional law, Court Rulings, family life protection, family rights, family separation, family-centric immigration policies, foreign nationals in South Africa, human dignity in immigration, immigration act changes, immigration act invalidity, immigration case law, immigration policy reform, international human rights, legal amendments, legal implications for families, Legal precedents, mixed-nationality families, new family law case, Parental Responsibilities, permanent residency, South African citizenship, South African immigration law, spousal visas, visa regulations Navigating the Shift: How South African Immigration Law is Evolving to Protect Family Rights – Rayment and Others v Minister of Home Affairs and Others; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023) Introduction and Factual Background Chief Justice Zondo, along with Justices Kollapen, Madlanga, Majiedt, Makgoka, Mathopo, Potterill, Rogers, and Theron, presided over two applications seeking confirmation of an order of constitutional… READ MORE
29/11/2023 Bertus Preller Children, Guardianship, Parental Rights, Relocation Article 13(b), child best interests, Child Custody, child protection, child return, child welfare, Constitutional Court, cross-border custody, Family Court, Family Law, Hague Convention, international abduction, international law, legal interpretation, legal judgement, legal precedent, Parental Rights, psychological harm, South Africa, UK 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:… READ MORE
14/11/2023 Bertus Preller Children, Divorce, Guardianship, Parental Rights, Views of the Child 2023, alcohol influence, best interests of children, C D v M D, child custody dispute, child's preference in custody, children's voices in custody, divorce proceedings, emotional welfare of children, family advocate involvement, Family Law, forensic investigation in custody, judicial interviews, legal aid in family law, legal representation for children, parental influence on children., Parental Responsibilities, primary care assessment, South African High Court, ZAGPPHC 1231 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… READ MORE
13/11/2023 Bertus Preller Children, Guardianship, Parental Rights Access to Justice, Case Backlogs, child welfare, Children's Amendment Act 17 of 2022, Children's Courts, Family Law Amendments, Family Law Transformation, guardianship, Guardianship Rights, High Court, Jurisdiction Expansion, Legal Consents, Legal Guardianship, Legal proceedings, Legal Recourse, Legal System, Parental Responsibilities, South African Family Law, Systemic Strain 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… READ MORE