27/11/2023 Bertus Preller Children, Parental Rights, Views of the Child Child Custody, child development post-divorce, child welfare, child-focused custody, Child's Best Interests, co-parenting challenges, co-parenting dynamics, divorce and children, divorce order amendment, Family court rulings, Family Law, family law litigation, Judicial Discretion, new family law cases, parental guidance in divorce, Parental Responsibilities, parenting plan, parenting stability, post-divorce parenting, routine in child development, South African Family Law Insights from the Bench: Navigating Post-Divorce Parenting and Child’s Best Interests. – L.B v LAE (8551/2022) [2023] ZAGPPHC 1265 (21 November 2023). Erasmus AJ Background This case revolved around the amendment of a parenting plan and a divorce order concerning the contact between the applicant (father) and the minor child, AMB. The… READ MORE
21/11/2023 Bertus Preller Children, Parental Rights, Relocation, Views of the Child child maintenance, Child Relocation, child welfare, Children's Best Interests, Court Orders, Cross-Continental Relocation, Custodian Parent, Divorce, Dubai, Family Law, International Relocation, Legal Custody, Legal Jurisdiction, Legal precedents, Legal Representation, Parental Responsibilities, Parental Rights, parenting plan, South Africa Navigating International Waters: A South African Family Law Case on Child Relocation to Dubai. – TS v S D D – Case Number: 7389/2023 – 20 November 2023. Holderness AJ INTRODUCTION Application by the Mother: The applicant, the mother of two children, S (15 years old) and K (11 years old), sought several legal reliefs. These included: Permission… READ MORE
14/11/2023 Bertus Preller Children, Divorce, Guardianship, Parental Rights, Views of the Child 2023, alcohol influence, best interests of children, C D v M D, child custody dispute, child's preference in custody, children's voices in custody, divorce proceedings, emotional welfare of children, family advocate involvement, Family Law, forensic investigation in custody, judicial interviews, legal aid in family law, legal representation for children, parental influence on children., Parental Responsibilities, primary care assessment, South African High Court, ZAGPPHC 1231 Listening to the Unheard: How a South African Court Prioritised Children’s Voices in a Landmark Care and Contact Decision. C D v M D (093505/2023) ZAGPPHC 1231 (7 November 2023) A. Introduction Unnecessary Litigation in Family Disputes In this case, the court highlighted the issue of unnecessary litigation in… READ MORE
26/10/2023 Bertus Preller Children, Parental Rights, Views of the Child best interests of the child, children's act, contested guardianship, emotional needs, expert investigation, familial bonds, familial relationships, family dynamics, guardianship, independent expert, intellectual needs, interim contact, judicial investigation, legal precedent, psychological assessment, Section 23, Section 24, Section 7, South African High Court, upper guardian The Balancing Act: When Uncles Step In. A Child’s Best Interests, and How a South African Court Navigated Familial Bonds. D.T and Another v M.A.M.F (2023/032929) ZAGPJHC 1204 (24 October 2023) Background and Points in Limine The case revolved around the first and second applicants, who were the uncles of… READ MORE
24/10/2023 Bertus Preller Children, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Views of the Child Bertus Preller, Child Custody, Court Decisions, Divorce Attorney Cape Town, Divorce Attorney South Africa, divorce proceedings, Family Law, Family Lawyers, financial disclosure, High Court, Legal Costs, Legal Diligence, Legal Ethics, legal implications, legal precedent, Legal Procedures, Legal Requirements, maintenance pendente lite, Minor Children, Office of the Family Advocate, Parental Responsibilities, Practice Directives, Rule 43, South Africa, views of the child Setting the Standard: A Comprehensive High Court Judgment on Family Law That Redefines Attorney Conduct and The Views of the Child. C.T v T.E.T (9685/2022) ZAWCHC 262 (13 October 2023) Court and Case Details The case was heard in the High Court of South Africa, Western Cape Division, Cape Town, presided… READ MORE