12/09/2024 Bertus Preller Adversarial Legal System, Alienation, Best Interests of the Child, Children, Divorce, Parental Alienation, Parental Coordinator, Parental Rights, Views of the Child alienating behavior, Child Psychology, child welfare, Child's Best Interests, court intervention, custody disputes, enmeshment, family dynamics, Family Law, legal precedent, parental alienation, psychological assessment, supervised contact, therapeutic intervention Breaking the Cycle: Legal Insights into Parental Alienation in High-Conflict Divorces. Understanding Parental Alienation: Definition and Key Characteristics Parental alienation is a complex psychological phenomenon that can emerge in high-conflict divorce or separation cases, often with devastating consequences for families. It… READ MORE
13/08/2024 Bertus Preller Alimony, Best Interests of the Child, Children, Parental Rights, Procedure, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance, Views of the Child Redefining Rule 43: M.M v R.O (6296/2022) [2024] ZAWCHC 203 Reshapes South African Family Law, (13 August 2024). Background: A Complex Web of Family and Financial Affairs The recent case of M.M v R.O (6296/2022) ZAWCHC 203 (13 August 2024) presents a intricate tapestry of family dynamics, financial… READ MORE
13/08/2024 Bertus Preller Best Interests of the Child, Children, Family Law Court System South Africa, Grandparents Rights, Mediation, Parental Rights, Procedural Law, Urgency, Views of the Child Alternative Dispute Resolution, bereavement, best interests of the child, child access, Child Custody, child law, child welfare, children's act, Court Procedures, extended family rights, Family Court, family disputes, Family Law, family relationships, grandparents' rights, Judicial Discretion, legal delay, legal precedent, Legal Procedures, legal urgency, Mediation, parental death, procedural requirements, Self-Created Urgency, South African Law, Urgent Application, urgent court roll, Western Cape High Court Urgency Dismissed in Grandparents’ Access Case: E.S and Others v P.S and Another (16138/24) [2024] ZAWCHC 201 (12 August 2024). Background: A Family's Struggle for Contact After Tragedy In the heart-wrenching case of E.S and Others v P.S and Another (16138/24) ZAWCHC 201 (12 August 2024), the Western Cape High… READ MORE
08/08/2024 Bertus Preller Abuse, Adversarial Legal System, Best Interests of the Child, Children, Domestic Violence, Holiday Travel, International Travel, Relocation, Views of the Child best interests of child, child welfare, children's act, co-parenting, court order, custody rights, Divorce, Family Advocate, Family Court, Immigration Act, international travel, judicial interpretation, Legal Guardianship, minor's travel, parental consent, Parental Rights, parenting plan, South African Law, travel regulations Navigating Parental Consent for International Travel: Insights from J.S v R.S (4146/24) [2024] ZAWCHC 199 (2 August 2024) Background: A Battle Over Holiday Travel with a Minor Child In the recent Western Cape High Court case of J.S v R.S (4146/24) ZAWCHC 199 (2 August 2024), Acting Justice… READ MORE
02/06/2024 Bertus Preller Best Interests of the Child, Children, Curator Ad Litem, Divorce, Guardianship, Parental Rights, Relocation, Views of the Child AR v BMR, best interests of the child, best practices, care and contact disputes, challenges, Child Participation, child-centered approach, children's rights, children's act, civil matters, Constitution, Court Proceedings, curator ad litem, family justice system care and contact, Family Law, independence, Legal Ethics, Legal Representation, objectivity, South Africa The Crucial Role of Curators Ad Litem in Protecting Children’s Interests in South African Care and Contact Matters. Introduction The appointment of a curator ad litem in legal matters involving the care and well-being of children has become increasingly important in ensuring that the best interests of the… READ MORE
01/06/2024 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Guardianship, Parental Rights, Relocation, Views of the Child best interests of the child, child development, Child Relocation, child's views, Children’s Act 38 of 2005, clinical psychologist, co-parenting, competing interests, counselling psychologist, emotional well-being, expert evidence, Family Law, landmark decision, meaningful relationship, non-relocating parent, Parental Rights, parenting plan, reasonableness of relocation, relocating parent, relocation application, relocation assessment, relocation dispute, relocation factors, relocation hearing, relocation judgment, relocation order, section 28(2) Constitution, shared parenting, urgent relief V.L v F.N (4760/2024) [2024] ZAWCHC 146 (30 May 2024) – A Court Decision in Family Law on Child Relocation. Introduction In the recent case of V.L v F.N (4760/2024) ZAWCHC 146, delivered on 30 May 2024, the Western Cape High Court was faced with a complex and emotionally charged… READ MORE
21/05/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Procedure, Relocation, Schooling, Urgency, Views of the Child best interests of the child, child contact, child welfare, children's act, court order, court procedure, Divorce, East Rock Trading, Family Advocate, Family Law, Grootboom case, High Court, Johannesburg, judicial oversight, Legal Framework, legal principles, Mediation, Parental Rights, Procedural Compliance, procedural rules, relocation disputes, settlement agreement, shared custody, Uniform Rule 6(12), urgency test, urgent child relocation, Western Cape, ZAWCHC E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications. Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent… READ MORE
18/03/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Views of the Child best interests principle, child autonomy, Child Custody, child development, Child Participation, Child Psychology, child rights, child testimony, child welfare, child-friendly practices, child's voice, Children’s Act 38 of 2005, constitutional mandate, Court Decisions, Custody Battles, divorce proceedings, expert testimony, Family Advocate, Family Court, judicial approach, judicial interpretation, legal challenges, Legal Framework, Legal proceedings, legal reform, Legal Representation, Parental Rights, South African Family Law, UNCRC Amplifying the Child’s Voice: Navigating Family Law in South Africa. The principle of the child's voice in South African family law represents a fundamental aspect of the legal system’s commitment to ensuring that children's rights and welfare are prioritized in… READ MORE
17/03/2024 Bertus Preller Best Interests of the Child, Children, Guardianship, Hostile Family Lawyers, Parental Rights, Views of the Child bias in evaluations, care and contact disputes, child best interests, child welfare, court reliance on experts, cultural influence, Custody Battles, ethical dilemmas, expert testimony ethics, expert witness objectivity, family dynamics, forensic assessments, forensic social workers, hired gun phenomenon, impartiality in assessments, judicial decisions, Legal Framework, legal outcomes, Legal Standards, mental health impact, peer review panels, professional development, professional integrity, psychological evaluations, Schneider case analysis, subjective interpretation Navigating the Battlefield: Overcoming the ‘Hired Gun’ Phenomenon in Forensic Child Care Assessments. Introduction In a typical case, let us consider a fictional scenario involving a forensic psychologist, Dr. Smith, who is hired to conduct a care and contact assessment for a care… READ MORE
01/03/2024 Bertus Preller Abduction, Children, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Relocation, Views of the Child child custody law, child protection law, child welfare, Children's Best Interests, consent and acquiescence, cross-border family law, custody rights, Family Law, Hague Convention, International Child Abduction, international custody battle, Judicial Discretion, Justice Cloete, Legal Analysis, legal decision-making, legal fairness, Legal Jurisdiction, legal precedent, legal proceedings costs, MB v LC and Another, parental disputes, Plascon-Evans rule, South Africa legal system, wrongful retention Justice Prevails: Navigating International Child Abduction Law with Precision and Compassion. – MB v LC and Another (21586/2023) [2024] ZAWCHC 61 (29 February 2024). Introduction and Background The case adjudicated by Justice J Cloete, delves into a dispute under the Hague Convention on the Civil Aspects of International Child Abduction. This matter revolves around… READ MORE