24/01/2024 Bertus Preller Adversarial Legal System, Arrears, Children, Contempt of Court, Divorce, Hostile Family Lawyers, Maintenance adversarial litigation, Amicable Solutions, child welfare, Children's Best Interests, Civil Contempt, Collaborative Resolution, Court Order Compliance, Court Order Violation, D.N.Q v P.Q case, Divorce Litigation Costs, divorce proceedings, Electricity Bill Dispute, Emotional Tensions, Family Law, Financial Disputes, Financial Strain, High Court ruling, Legal Costs, Legal Practitioners' Conduct, Legal Professional Responsibility, Legal Representation, Legal Strategy, Litigation Impact, Marital Tensions, Marumoagae AJ, matrimonial home, Mediation, Rule of Law, South African Judiciary Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024). Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.… READ MORE
23/01/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Guardianship, Maintenance, Marriage, Parental Rights Adherence to Court Orders, Attorney and Client Costs, Child's Welfare, Child's Best Interests, Children’s Act 38 of 2005, Constitutional Violation, Contact rights, Contempt of Court Orders, Court Directives, Custodial Sentence, Emotional Strain, Gauteng High Court, Justice Phahlane, Legal Practitioners' Duty, Legal Recourse, Legal System Integrity, maintenance obligations, minor child, Mosopa Order, non-compliance, Parental Responsibilities, Parental Rights, Psychological Impact, Repeated Defiance, Rule of Law, Separation, South African Legal Framework, Urgent Application, Voster Order Justice Prevails: A Landmark Twelve-Month Sentence Upholding the Child’s Best Interests. – B.M.G.S v M.B.S and Others (26675/2022) [2024] ZAGPPHC 24 (8 January 2024). Introduction In this case presided over by Justice Phahlane, the applicant, Mr. S, approached the Gauteng High Court on an urgent basis. The case centred around the contempt of two… READ MORE
19/11/2023 Bertus Preller Arrears, Contempt of Court, Divorce, Interim Maintenance, Maintenance, Rule 43, Settlement agreements Binding agreements, Consent Papers, court order, Court order superseding, Court Rulings, Divorce Law, divorce proceedings, divorce settlements, Enforceable agreements, Family Court, Legal advice on divorce, Legal binding, Legal dispute resolution., Legal enforceability, legal implications, Legal precedence, Marital settlements, matrimonial law, new family law cases, Non-court order settlements, Relationship contracts, settlement agreement Divorce Dilemma: Settlement vs. Court Order: Navigating the Binding Complexities in Divorce Cases. – L C v L C (2023004515) 2023 ZAGPJHC 1365 (15 November 2023). SUMMARY OF JUDGMENT A. INTRODUCTION The applicant sought to rescind a contempt of court order that had been granted by Acting Justice Moorcraft on 11 October 2022 under case number… READ MORE
14/11/2023 Bertus Preller Alienation, Children, Contempt of Court, Divorce, Parental Rights Child Custody, Compliance with Orders, contempt of court, Contempt Proceedings, Court Jurisdiction, Court Orders, Courtroom Insights, Deed of Settlement, Divorce Decree, Family Advocate, Family Law, Family Legal Issues, judicial authority, Jurisdiction Issues, Legal Analysis, Legal Standards, Parental Rights, Parenting Disputes, Recent Case, South African Law Demystifying Contempt of Court in Family Law: Lessons from a Recent Case. P L v R L (2022/016375) ZAGPJHC 1331 (10 November 2023) Introduction to the Case In a recent application, the court examined an opposed application divided into three parts, with… READ MORE