15/06/2026 Bertus Preller 1996 Hague Convention, Abducting parent defences, Abduction, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Children, Children's Court, Hague Convention on the Civil Aspects of International Child Abduction acquiescence, Ad Hoc Central Authority, ameliorative measures, Article 12, Article 13, Article 13(a), Article 13(b), Central Authority, Chapter 17, child abduction South Africa, Children’s Act 38 of 2005, Cloete J, ex post facto consent, grave risk defence, habitual residence, Hague Convention, International Child Abduction, KG v GB, Koch case, Penello, Plascon-Evans, relocation application, return order, rights of custody, Smith v Smith, Sonderup v Tondelli, undertakings, Western Cape High Court, wrongful retention Real, Positive and Unequivocal: How Ad Hoc Central Authority for the Republic of South Africa and Another v L.C.C (2026/034707) [2026] ZAWCHC 301 (10 June 2026) Tests Consent and Grave Risk Under the Hague Convention. This judgment is a useful working illustration of how our courts now approach return applications under the Hague Convention on the Civil Aspects of International Child Abduction, incorporated into our… READ MORE
15/01/2026 Bertus Preller 1996 Hague Convention, Abducting parent defences, Abduction, Article 3 Hague Convention, Best interests of child short-term, Best Interests of the Child, Children, Cross-border parental rights recognition, Curator Ad Litem, Custody, Dependency model habitual residence, Domicile, Grave risk psychological harm, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Inter-provincial custody, International child retention, Parental Alienation, Parental responsibility Italian law, Parental Rights, Relocation, Unmarried fathers, Unmarried Parents 1996 Hague Convention, acquiescence defence child abduction, Article 13 defences, Article 3 Hague Convention, best interests of child short-term, Central Authority South Africa, child custody Switzerland, cross-border parental rights recognition, curator ad litem appointment, custody rights unmarried fathers, dependency model habitual residence, family law international jurisdiction, Geneva habitual residence, grave risk psychological harm, habitual residence determination, Hague Convention child abduction, international child retention, international family law, Italian Civil Code Article 316, parental responsibility Italian law, parental rights operation of law, protective measures return orders, return order conditions, settled purpose intention residence, Swiss Civil Code parental rights, Swiss Federal Act Private International Law, unmarried parents custodial rights, wrongful removal children, wrongful retention South Africa 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… READ MORE
06/01/2026 Bertus Preller Abduction, Best Interests of the Child, Children, Family law international travel, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International relocation, International Travel, International travel with minors, Relocation, Section 26B Citizenship Act, South African passport requirements best interests of child, citizenship offences major citizens, court authorization travel minors, custody international relocation, Da Silva Salie J, Department of Home Affairs, dispensing parental consent, divorce order contact rights, Family Advocate investigation, family law international travel, family law practitioners South Africa, immigration compliance minor children, international travel with minors, minor child travel authorization, parental rights international travel, passport non-compliance consequences, passport renewal minor child, section 26B Citizenship Act, section 28(2) Constitution, sibling relationships contact disputes, South African passport requirements, travel safeguards return flights, upper guardian powers, Western Cape High Court 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… READ MORE
08/11/2025 Bertus Preller Abducting parent defences, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Left-behind parent rights, Prompt return of child, Wrongful removal of child abducting parent defences, ancillary relief, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Central Authority South Africa, child return application, Convention proceedings, curator ad litem, custody proceedings, Denmark child abduction, family law South Africa, grave risk threshold, habitual residence, Hague Convention, International Child Abduction, intolerable situation, jurisdictional issues, Koch case, left-behind parent rights, Mirror Orders, N M v Central Authority, Plascon-Evans rule, prompt return of child, Protective Measures, Sonderup v Tondelli, summary proceedings, two-stage process, wrongful removal of child When Midnight Departures Belie Consent: Article 13 Defences Fail in International Child Abduction Case – Central Authority of the Republic of South Africa and Another v L (2025-178969) [2025] ZAGPJHC 1101 (3 November 2025). Factual Matrix: A Mother's Contested Departure from Denmark to South Africa The dispute before Adams J in the Gauteng Division of the High Court centred on a six-year-old boy who… READ MORE
13/08/2025 Bertus Preller Abduction, Best Interests of the Child, Children, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, Immigration, Relocation, Section 28 Constitution, Unilateral relocation, Views of the Child best interests, child welfare, children's rights, children's act, co-guardianship, conditional consent, consent affidavit, Constitutional Rights, cross-border enforcement, Family Law, guardianship, Hague Convention, international travel, just and equitable relief, Mirror Orders, overseas travel, parental acrimony, parental consent, Parental Responsibilities, passport applications, section 172, section 18, Section 28 Constitution, South African Law, travel disputes, travel documentation, unreasonable refusal, Western Cape High Court 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… READ MORE
07/08/2025 Bertus Preller Abuse, Adversarial Legal System, Child Bullying, Child protection, Children, Children's Court, Conduct of Childcare Experts, constitutional rights of children, Contempt of Court, Costs, Curator Ad Litem, Emotional Abuse, Family reunification, Grandparents Rights, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, Hostile Family Lawyers, Joint Decision Making, Parental Alienation, Parental Coordinator, Parental Rights, Punitive Cost Orders, Reunification, Reunification therapy, Section 28 Constitution, Views of the Child AB-PA, attachment-based parental alienation, Australian parenting orders, best interests of the child, child’s rights, children’s act, co-parenting programs, contempt enforcement, curator ad litem, custody variation, differential diagnosis, emotional abuse, expert evidence, Family Advocate inquiries, forensic psychologist, interim orders, international comparison, legislative reform, multi-disciplinary approach, parental alienation, parenting coordinator, preventive education, psychological assessment, reunification therapy, Rule 43 applications, South African Family Law, supervised contact, therapeutic court orders, UK CAFCASS model, US friendly parent factor Parental Alienation in South African Family Law: Legal Framework, Case Analysis, and Comparative Perspectives. Introduction Parental alienation has emerged as one of the most heart-wrenching dilemmas in South African family law, surfacing with alarming frequency in high-conflict divorces and custody battles. At its core,… READ MORE
18/07/2025 Bertus Preller Best Interests of the Child, Children, Children's Court, constitutional rights of children, Divorce, Family reunification, Hague Convention on the Civil Aspects of International Child Abduction, International Travel, Parental Alienation, Relocation, Reunification, Section 28 Constitution best interests of child, child abduction risk, child welfare, child's voice, children's act, contact arrangements, cross-border custody, custody dispute, custody evaluation, custody proceedings, expert evidence, Family Advocate, family court judgment, family law South Africa, habitual residence, interim custody, international child custody, international divorce, international family law, international jurisdiction, Mirror Orders, non-Hague country, Parental Abduction, parental coaching, Parental Rights, psychological assessment, Qatar family law, relocation application, Western Cape High Court 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.… READ MORE
24/06/2025 Bertus Preller Abduction, Best Interests of the Child, Children, Contempt of Court, Costs, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, Immigration, International Divorce, International Family Law, International Travel, Joint Decision Making, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation attorney and client scale, best interests of children, care and contact assessment, child abduction, child custody orders, contempt of court, contempt proceedings urgency, cross-border custody disputes, cross-border litigation, divorce proceedings, Easter holiday dispute, emergency passports, family court jurisdiction, Hague Convention, hearsay evidence, international child retention, international enforcement, judicial authority vindication, Jurisdictional Challenges, mala fides presumption, postponement applications, punitive costs, sine die postponement, South African Family Law, suspended imprisonment, Swiss courts, travel documentation, Western Cape High Court, wilful non-compliance When Easter Holidays Turn Into International Child Retention: T.A.M-W v C.M.M (2025/030666) [2025] ZAWCHC 217 (23 May 2025) and the Limits of Cross-Border Contempt Orders. Key Takeaways This landmark judgment demonstrates that South African courts will not hesitate to use their full arsenal of sanctions when parties deliberately flout agreed court orders, particularly where children's… READ MORE
14/02/2025 Bertus Preller Abduction, Children, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Views of the Child Article 12 Hague Convention, Article 13(b), best interests of the child, Central Authority of South Africa, child abduction defences, child abduction South Africa, child custody disputes, child protection laws, child return order, curator ad litem, family court judgments, habitual residence, Hague Convention, Hague Convention case law, Hague Convention rulings, Hague Convention South Africa, High Court Johannesburg, international child custody, international custody battles, international family law, international parental disputes, Legal Analysis, legal precedent South Africa, Parental Abduction, parental consent disputes, psychological harm defence, South African child law, South African High Court, wrongful removal Hague Convention Defences Prevail: Court Refuses Child’s Return in Central Authority of South Africa and Another v C.M (2023/077002) [2025] ZAGPJHC 99 (10 February 2025). The Hague Convention and International Child Abduction: A Legal Framework International child abduction cases are among the most complex disputes that courts must resolve, requiring a delicate balance between protecting… 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