Children Archives - Page 4 of 18 - Family Laws South Africa

21/10/2025

Bertus Preller Abuse of Process, Alimony, Asset Disclosure, Children, Costs, Divorce, Fishing expedition discovery, Gender equality, Hostile Family Lawyers, Interim Maintenance, Irregular proceedings, Maintenance, Matrimonial proceedings discovery, Procedural Law, Procedure, Prolixity, Punitive Cost Orders, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58 Access to Justice, accrual claims, attorney fees Rule 43, B.S v K.W.S 2025, catch me if you can divorce, Children's Best Interests, constitutional implications maintenance, contribution to legal costs, E v E full court, financial disclosure divorce, financially weaker spouse, full and frank disclosure, gender equality divorce, hiding assets divorce, interim relief pending divorce, interim spousal maintenance, KwaZulu-Natal High Court, length of court papers, maintenance pendente lite, matrimonial litigation, matrimonial property disputes, prolixity in divorce proceedings, relevant versus irrelevant evidence, Rule 43 applications, S.M v N.M 2024, South African Family Law, standard of living divorce, striking off applications, Uniform Rule 43

When Brevity Becomes Brutality: S.M v N.M (D6667/2024) [2024] ZAKZDHC 54 versus B.S v K.W.S (2025/027511) [2025] ZAGPPHC 1085 – Has Striking Off Rule 43 Applications for Prolixity Gone Too Far?

Two Cases, Two Outcomes: The Factual Matrix of S.M v N.M and B.S v K.W.S The contrasting outcomes in S.M v N.M (D6667/2024) ZAKZDHC 54 (28 August 2024) and B.S…

25/08/2025

Bertus Preller Children, High Court exclusive jurisdiction, Interdict, Leave to appeal Superior Courts Act, Lis alibi pendens family law, Procedural Law, Procedure, Relocation, Urgency, Urgent applications appellate review discretion, best interests child principle, child relocation South Africa, Children's Court powers, Children’s Act 38 of 2005, compelling reasons appeal, constitutional children's rights, cross-border child disputes, custody relocation assessment, expert assessment relocation, family law jurisdiction, final interdict requirements, High Court exclusive jurisdiction, international child removal, leave to appeal Superior Courts Act, lis alibi pendens family law, non-joinder expert witness, parental cooperation relocation, reasonable prospects success, section 17 Superior Courts Act, Section 28 Constitution, statutory interpretation children's legislation, upper guardian role, urgency child matters, Western Cape High Court

High Court Jurisdiction Over Child Relocation Upheld: N.T.R-F v J.A.L (Leave to Appeal) (2025/076576) [2025] ZAWCHC 377 (18 August 2025) – Expert Assessment Requirements and Appellate Prospects.

Factual Matrix: Relocation Assessment and Parental Cooperation in Cross-Border Child Relocation The factual foundation of this Western Cape High Court decision reveals the complex procedural and substantive challenges inherent in…

22/08/2025

Bertus Preller Alienation, Alimony, Arrear Maintenance, Arrear Maintenance Variation, Best Interests of the Child, Child Maintenance, Children, Contempt of Court, Interim Maintenance, Maintenance, Maintenance order enforcement, Parental Alienation, Parental Rights, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance beyond reasonable doubt standard, child maintenance default, Children's Act contempt, civil criminal contempt hybrid, Constitutional Court contempt, constitutional rights contempt, contact order violations, contempt defenses, contempt of court, contempt proceedings procedure, court order enforcement, custody order violations, Divorce Act enforcement, fair trial rights, genuine inability defense, L.L.K v P.K case analysis, maintenance order enforcement, parenting plan contempt, punitive costs contempt, purge contempt conditions, Rule 43 maintenance, South African Family Law, spousal maintenance contempt, suspended imprisonment contempt, weekend imprisonment, wilful contempt mala fide

From Case to Comprehensive Analysis: L.L.K v P.K (D317/2019) [2025] ZAKZDHC 54 Sparks Deep Dive into Contempt of Court in South African Family Law – Constitutional Protections, Enforcement Mechanisms, and Evolving Jurisprudence.

Introduction and Context Contempt of court in South African law refers to the wilful and mala fide (bad faith) refusal to comply with a court order. In the realm of…

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…

12/08/2025

Bertus Preller Adult Children, Alimony, Arbitration, Arrear Maintenace, Arrear Maintenance, Arrear Maintenance Variation, Arrears, Best Interests of the Child, Child Maintenance, Child protection, Children, Division of Estate, DNA testing, Financial Disclosure, Interim Maintenance, Maintenance, Maintenance Calculator, Maintenance Court, Marriage, Procedural Law, Procedure, Rule 43, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58, Spousal Maintenance best interests of the child, calculate child maintenance, calculate spousal maintenance, child maintenance South Africa, child support arrears, Children’s Act maintenance, Divorce Act South Africa, divorce maintenance law, divorce settlement South Africa, emoluments attachment order, garnishee order South Africa, interim maintenance South Africa, lifelong spousal maintenance, maintenance amendment act 2015, maintenance calculation formula, maintenance calculator South Africa, maintenance court procedure, maintenance court South Africa, maintenance enforcement South Africa, maintenance variation South Africa, major child maintenance South Africa, parental duty of support, post-divorce maintenance, rehabilitative maintenance, Rule 43 maintenance, Section 7(2) Divorce Act, South African Maintenance Act, spousal maintenance South Africa, token maintenance

Child and Spousal Maintenance in South Africa: Complete Guide to Legal Duties, Court Processes, and Case Law (2025 Edition).

Introduction Child and spousal maintenance are critical aspects of family law in South Africa, ensuring that dependents are cared for financially when families break up or circumstances change. Maintenance generally…

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,…

04/08/2025

Bertus Preller Abuse of Process, Alimony, Anti-Dissipation Interdicts, anti-dissipatory relief, Child Maintenance, Children, Divorce, International Divorce, Maintenance, Procedural Law, Spousal Maintenance abuse of process, anti-dissipatory interdict, asset dissipation, asset protection, balance of convenience, Bassani Mining, bona fide expenditure, child maintenance, Colombian marriage law, cost orders, cross-border divorce, divorce proceedings, Family Law, foreign matrimonial regime, Hemiparesis disability, intention requirement, interim interdict, international divorce, jurisdictional requirements, Knox D'Arcy test, KSL v AL, mala fide conduct, matrimonial law, prima facie right, procedural pitfalls, spousal maintenance, urgent applications, Western Cape High Court

Title: When Cross-Border Divorces Meet Anti-Dissipatory Interdicts: Intention, Abuse of Process and the Knox D’Arcy Test in T.S v J.V.C.P and Another (20783/24) [2025] ZAWCHC 325 (1 August 2025).

Factual Matrix: A Cross-Border Marriage in Crisis This case presents the complexities that arise when a marriage governed by foreign law encounters the South African legal system during dissolution proceedings.…

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…

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…

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.…

Category: Children