26/05/2026 Bertus Preller Best Interests of the Child, Children, Children's Court, Custody, Economic precarity, Family Advocate, Jurisdiction of convenience, Ordinary residence of child, Primary residence dispute, Psychological vulnerability, Relocation, Section 28 Constitution, Section 29 Children's Act, Unilateral relocation best interests of the child, BLFM v GJM, child relocation Eastern Cape, Contact rights, Coopers v Deutsche Gesellschaft, custody and care, economic precarity, expert evidence family law, Family Advocate recommendation, family law South Africa, FS v JJ, Gauteng Division Johannesburg, High Court jurisdiction children, JS v WF, judicial discretion best interests, jurisdiction of convenience, MV Pasquale Della Gatta, NAN v CN, ordinary residence of child, parental rights and responsibilities, primary residence dispute, psychological vulnerability, relocation dispute, section 20 Children's Act, section 21 Children's Act, section 28(2) Constitution, Section 29 Children's Act, SH v MLH, Wilson J judgment Jurisdiction Is Not a Border Post: Section 29 of the Children’s Act Reconsidered in H.M.M v D.M (2025/140422) [2026] ZAGPJHC 506 (19 May 2026). The Facts: A Relocation, an Expert Report, and a Jurisdictional Challenge The applicant, HMM, and the respondent, DM, were in a relationship for seven years and lived together for much… READ MORE
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… READ MORE
06/01/2026 Bertus Preller Abduction, Best Interests of the Child, Children, Family law international travel, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International relocation, International Travel, International travel with minors, Relocation, Section 26B Citizenship Act, South African passport requirements best interests of child, citizenship offences major citizens, court authorization travel minors, custody international relocation, Da Silva Salie J, Department of Home Affairs, dispensing parental consent, divorce order contact rights, Family Advocate investigation, family law international travel, family law practitioners South Africa, immigration compliance minor children, international travel with minors, minor child travel authorization, parental rights international travel, passport non-compliance consequences, passport renewal minor child, section 26B Citizenship Act, section 28(2) Constitution, sibling relationships contact disputes, South African passport requirements, travel safeguards return flights, upper guardian powers, Western Cape High Court Section 26B Citizenship Act Does Not Apply to Minors: A.T.A v L.A.A (2025/246332) [2025] ZAWCHC 597 (19 December 2025) Clarifies International Travel Authorisation. Introduction The Western Cape High Court recently delivered an important judgment clarifying the application of passport and citizenship requirements to minor children travelling internationally. In A.T.A v L.A.A (2025/246332) ZAWCHC… READ MORE
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… READ MORE
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… READ MORE
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
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
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
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
06/05/2025 Bertus Preller Best Interests of the Child, Children, Guardianship, Immigration, International Family Law, International Travel, Relocation, Shared Residency, Views of the Child armed conflict, best interests of child, children's act, constitutional principle, cross-border custody, deportation, expert evidence, family support, gender considerations, geopolitical factors, High Court Johannesburg, immigration status, International Relocation, Israel conflict, Jackson v Jackson, joint parenting, Judicial Discretion, military conscription, neutral approach, Parental Responsibilities, relocation criteria, safety concerns, Section 28 Constitution, Senyatsi J, South African Family Law, T.R.S.T v U.A.R, value-judgment “Best Interests Prevail: Court Rejects Child Relocation to War-Torn Israel in T.R.S.T v U.A.R and Others (019086/2023) [2025] ZAGPJHC 399 (14 April 2025)”. Introduction to T.R.S.T v U.A.R: A Relocation Application to Israel The recent case of T.R.S.T v U.A.R and Others (019086/2023) ZAGPJHC 399 (14 April 2025) presented the Gauteng Division of… READ MORE