27/07/2025 Bertus Preller Children, Inter-provincial custody, Parental Rights, Procedural Law, Relocation, Section 16(3) Superior Courts Act, Unilateral relocation appellate jurisdiction family law, best interests of child, care and contact arrangements, child custody disputes, child relocation law, co-parenting disputes, constitutional law children, curator ad litem, custody appeals, educational stability custody, expert evidence family law, Family Advocate, family law appeals, family law South Africa, high conflict parents, inter-provincial custody, interim custody orders, interim orders appealability, matrimonial proceedings, parental responsibilities and rights, parenting coordinators, play therapy children, section 16(3) Superior Courts Act, Section 28 Constitution, shared residence arrangements, therapeutic intervention custody, unilateral relocation, Western Cape High Court Unilateral Relocation and Shared Custody: Lessons from M.D.P v W.T.P and Another (Appeal) (A139/2024) [2025] ZAWCHC 300 (17 July 2025). Factual Matrix: Unilateral Relocation and the Breakdown of Co-Parenting The dispute in this matter arose from a sequence of events that illustrates the profound consequences of unilateral decision-making in family… READ MORE
27/07/2025 Bertus Preller Artificial fertilisation, Artificial insemination, Children, Children's Court, Gamete donation, Gamete donor agreement, IVF disputes, Parental Rights, Paternity confirmation, Section 40(3) Children's Act, Sperm donor, Surrogacy artificial fertilisation, artificial insemination, AV v DC case, best interests of children, biological father, child support, child welfare, children's rights, Children’s Act 38 of 2005, declaratory relief, discretionary relief, Family Law, gamete donation, gamete donor agreement, intimate relationships, IVF disputes, maintenance obligations, paramountcy principle, Parental Duties, Parental Responsibilities, paternal rights, QG v CS case, reproductive law, reproductive technology, Section 40(3) Children's Act, sperm donor, Superior Courts Act, upper guardian, Von Ludwig AJ When Sperm Donation Meets Parental Duty: V.R.N v B.L.S (2024/058240) [2025] ZAGPJHC 701 (18 July 2025) – Court Rejects Biological Father’s Escape from Responsibility. The Facts: When Romantic Relationships Complicate Gamete Donation Arrangements The factual matrix in this case illustrates precisely why clear, formal agreements are essential in artificial fertilisation arrangements, particularly where the… 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
13/07/2025 Bertus Preller Best Interests of the Child, Child protection, Children, Children's Court, Conduct of Childcare Experts, constitutional rights of children, Family reunification, Foster care, Grandparents Rights, Kinship care, Parental Rights, Procedural Law, Section 28 Constitution 4 July 2025, best interests of the child South Africa, Cape Town High Court, care and contact orders, child custody South Africa, child protection, child removal South Africa, child witness protection, Children’s Act 38 of 2005, Children’s Court appeal, constitutional rights of children, Dr Astrid Martalas, ex parte court orders, family law South Africa, family reunification judgment, foster care legal challenge, High Court appeal 2025, kinship care, legal precedent family law, legal safeguards in child care, Magistrate Sipoyo judgment, no-contact order South Africa, Parental Rights, procedural fairness South Africa, psychological harm attachment, Rule of Law family matters, S.E.T and Others v Department of Justice, Section 28 Constitution, ZAWCHC 282 “Torn Apart Without Cause”: High Court Slams Children’s Court in S.E.T and Others v Department of Justice and Another (A83/2024) [2025] ZAWCHC 282 (4 July 2025). The Factual Matrix: Arrests, Allegations and the Path to Atlantis Court This matter originated in deeply troubling circumstances involving two minor children, a six-year-old girl (X) and a one-year-old boy… READ MORE
29/06/2025 Bertus Preller Abuse of Process, Alienation, Best Interests of the Child, Children, Children's Court, Costs, Divorce, Family Advocate, Joint Decision Making, Maintenance, Parental Alienation, Parental Rights, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance, Variation Rule 43(6) B.P.M v J.L.M, best interests of the child, child contact, co-parenting, Colman v Colman, Contact rights, custody variation, divorce litigation, Du Preez v Du Preez, Family Advocate, family advocate report, family law South Africa, forensic psychologist, High Court Limpopo, interim maintenance, Mangena AJ, parental alienation, parenting plans, PAS, Rule 43 Application, Rule 43(6), shared residency, Soller v G, South African divorce law, spousal maintenance, spousal support South Africa, Variation Application, Visser v Visser, ZALMPPHC 96 Parental Alienation, Prolixity and the Best Interests Principle in B.P.M v J.L.M (1909/2024) [2025] ZALMPPHC 96 (13 May 2025). Background and Factual Matrix of the Rule 43(6) Dispute The matter before the court in B.P.M v J.L.M (1909/2024) ZALMPPHC 96 (13 May 2025) concerned a Rule 43(6) application brought… READ MORE
29/06/2025 Bertus Preller Best Interests of the Child, Child Bullying, Children, Children's Court, Costs, Curator Ad Litem, Divorce, Guardianship, Joint Decision Making, Maintenance, Parental Alienation, Parental Rights, Rule 43, Spousal Maintenance A.W.F v K.S.R, best interests of the child, blended family parental rights, care of minor children, child maintenance South Africa, Children’s Act sections 23 and 24, contested divorce interim relief, curator ad litem, divorce maintenance case, family law judgment, financial disclosure form, financial obligations in divorce, High Court Pretoria, High Court Rule 43 order, interim contact orders, interim divorce relief, Johannesburg family law, legal rights of stepparents, Parental Responsibilities, pendente lite maintenance, racial allegations in custody, Rule 43 legal principles, Rule 43 South Africa, shared custody rights, sibling bond divorce, spousal maintenance application, urgent contact disputes, vulnerable spouse, ZAGPPHC 503 Parental Rights, Spousal Support, and Racial Allegations: Inside A.W.F v K.S.R (052216/2024) [2025] ZAGPPHC 503 (16 May 2025) and the Rule 43 Balancing Act. The Factual Matrix: Disputed Care, Contact, and Maintenance in a Rule 43 Application In A.W.F v K.S.R (052216/2024) ZAGPPHC 503 (16 May 2025), the applicant approached the Gauteng Division of… READ MORE
25/06/2025 Bertus Preller anti-dissipatory relief, Arrears, Best Interests of the Child, Child Maintenance, Children, Children's Court, Divorce, Maintenance, Maintenance Court, Preservation Order anti-dissipation interdict, best interests of child, child maintenance, court amendment powers, divorce settlement agreements, finality principle, financial disclosure, future maintenance, High Court jurisdiction, Maintenance Act 99 of 1998, maintenance arrears, maintenance obligations, parental support duties, preservation orders, property sale proceeds, reciprocal parental duties, Regional Court orders, rule 42 uniform rules, Section 28 Constitution, sectional title property, shared responsibility, South African Family Law, trust account preservation, unemployment maintenance, upper guardian, Western Cape High Court, ZAWCHC When Courts Will Preserve Property Sale Proceeds for Child Maintenance: D.D.B v T.D.B and Another (2025/073213) [2025] ZAWCHC 250 (19 June 2025). Establishes Shared Parental Responsibility. Key Takeaways This Western Cape High Court judgment establishes several crucial principles for family law practitioners and divorced parents navigating maintenance disputes. Courts will only grant preservation orders for future… 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
16/06/2025 Bertus Preller Best Interests of the Child, Children, Guardianship, Parental Rights Acting Judge Van Niekerk, alternative remedies family disputes, best interests child principle, child welfare protection, child-centric legal decisions, Children’s Act 38 of 2005, constitutional children's rights, current evidence requirement, evidentiary threshold family law, family law jurisprudence, forensic evaluation children, guardianship rights suspension, High Court Gauteng Division, legal practitioners guidance, logistical challenges custody, parental cooperation disputes, parental guardianship termination, parental responsibilities termination, passport application disputes, play therapy authorization, procedural delays parental rights, proportionality termination relief, reasonableness standard parental conduct, Section 28 parental rights, South African Family Law, stale evidence family court, temporal relevance custody matters, unopposed family applications When Good Intentions Meet Legal Reality: Y.T.B v J.F.B [2025] ZAGPPHC 494 (16 May 2025) – High Court Rejects Termination of Parental Rights Over Stale Cooperation Complaints. Summary The High Court's decision in Y.T.B v J.F.B represents a significant affirmation of the stringent evidentiary requirements for terminating parental guardianship rights under the Children's Act. The judgment underscores… READ MORE
15/06/2025 Bertus Preller Best Interests of the Child, Birth certificate amendment, Children, Children born outside marriage, DNA testing, Paternity confirmation administrative justice, BADRA, best interests of child, birth certificate amendment, birth registration, Births and Deaths Registration Act, Centre for Child Law, children born outside marriage, children's rights, Constitutional Rights, deportation interdict, dignity rights, DNA testing, family law South Africa, family recognition, High Court paternity, immigration law, legal precedent, maternal consent, PAJA, Parental Rights, paternity confirmation, permanent residence, population register, section 11(5), unmarried fathers, Western Cape High Court DNA Not Required: High Court Rules Fathers Don’t Need Genetic Testing After Paternity Confirmed – V.K and Another v Minister of Home Affairs and Others (21886/2023) [2025] ZAWCHC 219 (26 May 2025). The Facts: A Father's Fight for Recognition This case centers on V.K., a Zambian citizen who entered South Africa on a visitor's visa, and his South African partner S.M. The… READ MORE