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