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
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
15/06/2025 Bertus Preller Best Interests of the Child, Children, Children's Court, Costs, Holiday Travel, Parental Rights, Procedure, Reunification, Temporary Safe Care AC Cilliers Law of Costs, best interests principle, biological father access, child access rights, child custody disputes, children's court authority, Children’s Act 38 of 2005, Christmas access disputes, costs in family matters, D.G.S.F v M.F case, emotional psychological problems children, family law South Africa, foster care arrangements, Free State High Court, gradual reunification, High Court jurisdiction, leave of absence children, legal costs children matters, magistrate's court jurisdiction, procedural failures, reunification process, section 168 Children's Act, section 187 Children's Act, section 46 Children's Act, social worker reports, temporary safe care, upper guardianship powers, urgent applications, Van Zyl J Father’s Festive Season Bid Fails: High Court Lacks Jurisdiction in Children’s Court Matters – JHG v GWH and Another (7147/2024) [2025] ZAFSHC 133 (7 May 2025). Case Overview: JHG v GWH and Another In the matter of JHG v GWH and Another (7147/2024) ZAFSHC 133 (7 May 2025), the High Court of South Africa, Free State… READ MORE