19/12/2025 Bertus Preller Adversarial Legal System, Best Interests of the Child, Children, Children's Court, Children's matters South Africa, Divorce, Hostile Family Lawyers, Lawyer-client alignment, Legal Practice Act 28 of 2014, Litigation misconduct, LPC Code of Conduct, LPC Code of Conduct, Mediation, Parental Coordinator, Parental Rights, Rule 41A mediation notice, Zealous advocacy adversarial litigation, Alternative Dispute Resolution, attorney ethics children, best interests of child, child-centred advocacy, child-focused representation, children's matters South Africa, Children’s Act 38 of 2005, co-parenting relationships, collaborative family law, contact disputes, costs de bonis propriis, custody disputes, family law ethics, family law South Africa, family mediation mandatory, lawyer-client alignment, Legal Practice Act 28 of 2014, Legal Practice Council, LPC Code of Conduct, mediation family law, parental alienation, parental conflict, parenting responsibilities, professional conduct family lawyers, Rule 43 applications, section 6(4) Children's Act, section 7 Children's Act, Van den Berg v Le Roux, zealous advocacy 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… READ MORE
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,… READ MORE
10/06/2025 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Divorce, Guardianship, International Travel, Maintenance, Muslim Marriages, Parental Coordinator, Parental Rights, Procedural Law, Relocation best interests of child, child psychology relocation, child relocation South Africa, Children’s Act 38 of 2005, constitutional family law, contact arrangements international, cross-border parenting, custodial parent rights, divorce relocation orders, expert witness family law, F v F constitutional rights, Family Advocate reports, family law South Africa, freedom of movement parents, gender discrimination family law, gender equality family court, international custody disputes, international relocation disputes, Jackson v Jackson precedent, KwaZulu-Natal High Court, maintenance obligations relocation, mirror orders international, non-custodial parent contact, parental alienation allegations, parental consent relocation, passport consent children, Portugal relocation case, primary caregiver rights, visa requirements minors Breaking the Shackles: How W.S v N.V (D376/2020; D1062/2021) [2025] ZAKZDHC 35 (6 June 2025) Transformed South African Child Relocation Law and Gender Rights. The Facts: A Family Torn Between Two Continents This case presents a deeply personal yet legally complex dispute that unfolded over several years, illustrating the profound challenges faced by divorced… READ MORE
21/02/2025 Bertus Preller Best Interests of the Child, Children, Divorce, Family Law Court System South Africa, Joint Decision Making, Mediation, Parental Coordinator, Parental Rights, Views of the Child Australian family law, bias in PCs, Canadian PCs, child best interests, child welfare, child-centric, co-parenting, Court Orders, dispute resolution, divorce mediation, FAMAC, Family Dispute Resolution Bill, Family Law, financial accessibility, H v H, high-conflict disputes, judicial oversight, Legal Framework, legislative reform, mediation reform, NABFAM, parental conflict, Parental Coordinators, parenting coordination, SALRC, Schneider NO, Section 28(2), South Africa, TC v SC, training PCs Uncharted Guardians: The Rise and Reform of Parental Coordinators in South Africa’s Family Law Frontier. Parental Coordinators in South Africa: Legal Framework and Development Parental Coordinators (PCs) have become an essential mechanism in managing high-conflict parenting disputes in South Africa, particularly after divorce or separation.… READ MORE
12/09/2024 Bertus Preller Adversarial Legal System, Alienation, Best Interests of the Child, Children, Divorce, Parental Alienation, Parental Coordinator, Parental Rights, Views of the Child alienating behavior, Child Psychology, child welfare, Child's Best Interests, court intervention, custody disputes, enmeshment, family dynamics, Family Law, legal precedent, parental alienation, psychological assessment, supervised contact, therapeutic intervention Breaking the Cycle: Legal Insights into Parental Alienation in High-Conflict Divorces. Understanding Parental Alienation: Definition and Key Characteristics Parental alienation is a complex psychological phenomenon that can emerge in high-conflict divorce or separation cases, often with devastating consequences for families. It… READ MORE
21/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Family Law Court System South Africa, Joint Decision Making, Parental Coordinator, Schools, Urgency Alternative Dispute Resolution, attorney-client scale, best interests of the child, Child Custody, co-parenting, communication skills, costs order, facilitative mediation, Family Advocate, legal precedent, Mediation, parenting coordinator, Rule 41A, school choice, Self-Created Urgency, South African Family Law, Uniform Rules of Court, urgent court application, Western Cape High Court Urgent Co-Parenting Battles: A Lesson in Patience from D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024). Background: A Preschool Predicament In the Western Cape High Court case of D.D v I.L and Another (16939/2024) ZAWCHC 215 (20 August 2024), we encounter a poignant example of how… READ MORE