blog-image

E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications.

Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent…

READ MORE

blog-image

The Limits of Third-Party Rights in Child Contact: P.D and Another v A.R and Another (D779/2023) [2024] ZAKZDHC 27 (17 May 2024).

Background of the case The case of P.D and Another v A.R and Another (D779/2023) ZAKZDHC 27 (17 May 2024) involved an unusual set of facts. The applicants, who were…

READ MORE

blog-image

Balancing Parental Rights and the Best Interests of the Child in High-Conflict Care and Contact Cases. – TH v CH (14667/2022) [2024] ZAWCHC 100 (9 April 2024).

Introduction In TH v CH (14667/2022) ZAWCHC 100 (9 April 2024), the Western Cape High Court heard a case between divorced parents, TH (the father and applicant) and CH (the…

READ MORE

blog-image

Amplifying the Child’s Voice: Navigating Family Law in South Africa.

The principle of the child's voice in South African family law represents a fundamental aspect of the legal system’s commitment to ensuring that children's rights and welfare are prioritized in…

READ MORE

blog-image

Navigating the Waters of International Child Relocation: A Legal Deep Dive into R.H v N.M (12871/2021) [2024] ZAWCHC 77 (11 March 2024).

Navigating International Custody Disputes: Insights from RH v NM In the matter of RH v NM, the Western Cape High Court delved into a complex international custody dispute, providing significant…

READ MORE

blog-image

Navigating Complex Family Dynamics: Care and Contact and Expert Assessments in Same-Sex Families Section 23 of the Children’s Act. – DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024). Lekhuleni J.

Introduction Section 23 of the Children's Act 38 of 2005 emerged as a critical pillar in the court's analysis, offering a legal avenue for individuals seeking contact or care of…

READ MORE

blog-image

Justice Prevails: Navigating International Child Abduction Law with Precision and Compassion. – MB v LC and Another (21586/2023) [2024] ZAWCHC 61 (29 February 2024).

Introduction and Background The case adjudicated by Justice J Cloete, delves into a dispute under the Hague Convention on the Civil Aspects of International Child Abduction. This matter revolves around…

READ MORE

blog-image

Expanding Family Boundaries: Navigating Non-Biological Guardianship Rights – R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219; 2023 (4) SA 231 (GJ).

1. Introduction In this case the High Court delved deeply into the intricacies of guardianship, contact, and care rights under the Children's Act, with a keen focus on the welfare…

READ MORE

blog-image

Navigating Child Custody Appeals: Insights from: KA v KN (A2023/055189) [2024] ZAGPJHC 147 (21 February 2024) and the Paramountcy of the Child’s Best Interests.

In a case heard by the Gauteng Division of the High Court in Johannesburg, an appeal was lodged against a contact order originally granted by the Children’s Court in Randburg.…

READ MORE