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Pleading Poverty While Plundering the Pot: The Courts Draw a Hard Line on Rule 43(6) Abuse — C V S v S V S (18688/2022) [2026] ZAWCHC 30 (16 February 2026).

The Facts: A Pattern of Non-Disclosure and Deliberate Financial Engineering In C V S v S V S (18688/2022) ZAWCHC 30 (16 February 2026), Holderness J was confronted with what…

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Maintenance Appeals Unpacked: Timing, Calculations and the Separation of Costs — T.M-S v I.N (Appeal) (A31/2025) [2026] ZAWCHC 72 (19 February 2026).

The Facts: A Maintenance Enquiry Gone Awry The matter of T.M-S v I.N (Appeal) (A31/2025) ZAWCHC 72 (19 February 2026) came before Pangarker J and Davis AJ in the Western…

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Forfeiture of Pension Benefits for Adultery, Procreation and Public Humiliation via Social Media: E.M v S.M (096891/2024) [2026] ZAGPPHC 8 (12 January 2026).

Factual Background: Extra-Marital Relationship and the Birth of a Third Child The parties in this matter were married in community of property on 10 January 2011. Their marriage, which lasted…

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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…

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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…

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When Lawyers Become Warriors: The Dangers of Over-Identification with Clients in South African Children’s Matters.

Introduction In high conflict childcare and contact disputes, lawyers sometimes align so closely with their clients’ positions that they become virtual proxies for parental animosity. This “over-identification” with clients, even…

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Parents Stripped of Enforcement Rights for Adult Children’s Maintenance Post-Divorce: A Critical Analysis of R.L v J.F.D.L (A128/2024) [2025] ZAWCHC 585 (12 December 2025).

The Facts: Post-Divorce Enforcement of Maintenance for Adult Dependent Children The appellant and respondent were married in community of property for thirty years before divorcing in the High Court on…

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When DNA Evidence Speaks Without Experts: Probabilities, Paternity and Documentary Evidence in E.A.P v S.W (A115/2025) [2025] ZAWCHC 540 (20 November 2025).

Factual Background: A Protracted Paternity Dispute Spanning Two Decades This appeal concerned a finding by the Cape Town Magistrate's Court, sitting as a maintenance court, that the appellant was the…

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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…

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Unproven Abuse Allegations and Expert Evidence: When Courts Reject Referral to Trial in Child Contact Disputes – C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025).

The Factual Matrix: Allegations of Sexual Abuse and Protracted Litigation The case of C.N v I.G.R (D6383/2024) ZAKZDHC 68 (28 October 2025) presents a troubling factual scenario that will resonate…

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