19/09/2026 Bertus Preller Best Interests of the Child, Children, Children's Act, Children's matters South Africa, National Code, Player Status Regulations, Players' Agents Regulations, Rugby agents, Rugby bursaries, Rugby poaching, Rugby regulations, Rugby scouts, School rugby governance, School rugby recruitment, School sport law, Schoolboy Rugby South Africa, Schoolboy rugby transfers, Schools, Section 28 Constitution, South African Schools Act 80 per cent rule, best interests of the child, child protection in sport, children's act, Craven Week, FIFA compensation model, first XV, independent schools, John Smit, KwaZulu-Natal Headmasters' Agreement, National Code, Player Status Regulations, Players' Agents Regulations, Pridwin, rugby agents, rugby bursaries, rugby poaching, rugby scouts, SA Rugby regulations, school rugby governance, school rugby recruitment, school sport law, schoolboy rugby, schoolboy rugby transfers, Section 28(2), South African Schools Act, under-18 players, Western Province poaching resolution, World Rugby regulations Bought, Not Built: the South African schoolboy rugby market has no rules, and the law of children already has them. The Market in Schoolboy Rugby Players in South Africa: the Law, the Rules, and How the Movement of Children Should Be Governed is a research paper of nearly a hundred… READ MORE
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
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
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
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… READ MORE