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 Alienation, Best Interests of the Child, Children, Conduct of Childcare Experts, Holiday Travel, International Travel, Parental Alienation, Parental Rights, Relocation, Views of the Child best interests of the child, child custody relocation South Africa, child psychological impacts relocation, child relocation South Africa, child welfare relocation, Children’s Act 38 of 2005, co-parenting and relocation, F v F, family advocate relocation disputes, family law relocation, Godbeer case, High Court relocation cases, international relocation cases, interprovincial relocation South Africa, Jackson v Jackson, legislative gaps in relocation law, mediation in relocation disputes, parenting plans South Africa, Payne v Payne, relocation disputes South Africa, relocation law reform, shared parental responsibility South Africa, socio-economic factors in relocation, structured relocation checklist, Van Rooyen case Relocation Disputes in South Africa: Balancing the Child’s Best Interests and Parental Rights. Understanding Relocation Disputes and the Best Interests of the Child Relocation disputes arise when a parent wishes to move with a minor child, either within South Africa or internationally, and… READ MORE
23/12/2024 Bertus Preller Abduction, Appeal, Best Interests of the Child, Children, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Parental Alienation, Parental Rights, Procedure, Relocation Article 13(b), Australian courts, Central Authority, child abduction, child protection, child rights, child welfare, children's act, Constitutional Challenges, cross-border parenting, custody proceedings, domestic violence, Expeditious Proceedings, Family Advocate, grave risk defence, Hague Convention, international child return, international family law, international obligations, Judicial Discretion, judicial separation, legal precedent, Parental Rights, procedural delays, Protective Measures, South Africa, South African jurisdiction, Supreme Court of Appeal, time limits, undertakings, urgent applications When Time is Not on Your Side: Supreme Court Issues Urgent Warning on Hague Convention Delays in N M v Central Authority for Republic of South Africa and Another [2024] ZASCA 178 (19 December 2024). Introduction: A Child's Journey Between Two Continents The Supreme Court of Appeal recently delivered a landmark judgment in N M v Central Authority for Republic of South Africa and Another… READ MORE
08/08/2024 Bertus Preller Abuse, Adversarial Legal System, Best Interests of the Child, Children, Domestic Violence, Holiday Travel, International Travel, Relocation, Views of the Child best interests of child, child welfare, children's act, co-parenting, court order, custody rights, Divorce, Family Advocate, Family Court, Immigration Act, international travel, judicial interpretation, Legal Guardianship, minor's travel, parental consent, Parental Rights, parenting plan, South African Law, travel regulations Navigating Parental Consent for International Travel: Insights from J.S v R.S (4146/24) [2024] ZAWCHC 199 (2 August 2024) Background: A Battle Over Holiday Travel with a Minor Child In the recent Western Cape High Court case of J.S v R.S (4146/24) ZAWCHC 199 (2 August 2024), Acting Justice… READ MORE