Parental Rights Archives - Family Laws South Africa

16/03/2026

Bertus Preller Alimony, Appeal, Arrear Maintenace, Arrear Maintenance, Arrear maintenance claims, Best Interests of the Child, Child Maintenance, Children, Divorce, Duty to maintain, Interim Maintenance, Interlocutory applications, Irregular proceedings, Leave to appeal Superior Courts Act, Maintenance, Maintenance Court, Parental Rights, Pendente Lite, Procedural Law, Punitive costs orders, Rule 43, Rule 43 Appeal, Rule 43 Applications, Rule 43 orders, Rule 58, Spousal Maintenance, Stepparents, Variation Rule 43(6) accrual system, appealability, blended families, common law development, Divorce, divorce proceedings, duty of support, Family Law, Govindjee AJA, interests of justice, interim maintenance, interim relief, jurisdictional threshold, maintenance pendente lite, non-appealability, out of community of property, piecemeal appeals, Rule 43, Rule 43(6), SCA, section 16(3), section 173 Constitution, South African divorce law, statutory bar, stepchildren, stepparent maintenance, Superior Courts Act, Supreme Court of Appeal, Western Cape High Court

Blended Families, Bitter Disputes and a Blocked Appeal: The SCA Draws the Line on Rule 43 Appealability in B.E v N.T and Others (505/2025) [2026] ZASCA 25 (11 March 2026).

The Facts: A Blended Family, a Breakdown, and a Battle Over Stepchildren's Maintenance BE and NT married on 27 April 2018, out of community of property subject to the accrual…

15/01/2026

Bertus Preller 1996 Hague Convention, Abducting parent defences, Abduction, Article 3 Hague Convention, Best interests of child short-term, Best Interests of the Child, Children, Cross-border parental rights recognition, Curator Ad Litem, Custody, Dependency model habitual residence, Domicile, Grave risk psychological harm, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Inter-provincial custody, International child retention, Parental Alienation, Parental responsibility Italian law, Parental Rights, Relocation, Unmarried fathers, Unmarried Parents 1996 Hague Convention, acquiescence defence child abduction, Article 13 defences, Article 3 Hague Convention, best interests of child short-term, Central Authority South Africa, child custody Switzerland, cross-border parental rights recognition, curator ad litem appointment, custody rights unmarried fathers, dependency model habitual residence, family law international jurisdiction, Geneva habitual residence, grave risk psychological harm, habitual residence determination, Hague Convention child abduction, international child retention, international family law, Italian Civil Code Article 316, parental responsibility Italian law, parental rights operation of law, protective measures return orders, return order conditions, settled purpose intention residence, Swiss Civil Code parental rights, Swiss Federal Act Private International Law, unmarried parents custodial rights, wrongful removal children, wrongful retention South Africa

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…

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…

01/11/2025

Bertus Preller Abuse, Best Interests of the Child, Children, Conduct of Childcare Experts, Interlocutory applications, Motion proceedings, Parental Alienation, Parental Rights, Plascon Evans Rule, Procedural Law, Procedure, Referral to trial, Rule 6(5)(g), Sexual Abuse, Sexual Abuse Allegations abuse of process, child contact disputes, Children's Best Interests, Children’s Act 38 of 2005, coaching of child, court as upper guardian, credibility assessment, custody and access, Dispute of Fact, expert evidence family law, expert witness requirements, family advocate report, forensic psychologist report, interlocutory applications, judicial investigation children, motion proceedings, onus of proof family law, Parental Rights, Plascon-Evans rule, referral to trial, room hire principle, Rule 6(5)(g), section 28 best interests, sexual abuse allegations, shared parenting arrangements, South African Family Law, supervised contact, suspension of contact rights, unsubstantiated allegations

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…

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…

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,…

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…

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…

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…

Category: Parental Rights