21/02/2025 Bertus Preller Best Interests of the Child, Children, Divorce, Family Law Court System South Africa, Joint Decision Making, Mediation, Parental Coordinator, Parental Rights, Views of the Child Australian family law, bias in PCs, Canadian PCs, child best interests, child welfare, child-centric, co-parenting, Court Orders, dispute resolution, divorce mediation, FAMAC, Family Dispute Resolution Bill, Family Law, financial accessibility, H v H, high-conflict disputes, judicial oversight, Legal Framework, legislative reform, mediation reform, NABFAM, parental conflict, Parental Coordinators, parenting coordination, SALRC, Schneider NO, Section 28(2), South Africa, TC v SC, training PCs Uncharted Guardians: The Rise and Reform of Parental Coordinators in South Africa’s Family Law Frontier. Parental Coordinators in South Africa: Legal Framework and Development Parental Coordinators (PCs) have become an essential mechanism in managing high-conflict parenting disputes in South Africa, particularly after divorce or separation.… READ MORE
19/11/2024 Bertus Preller Adversarial Legal System, Appeal, Best Interests of the Child, Children, Coercive Control, Conduct of Childcare Experts, Costs, Divorce, Family Law Court System South Africa, In Community of Property, Marital Regimes, Pacta sunt servanda, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation, Settlement agreements, Shared Residency best interests of child, breastfeeding rights, Child Custody, children's rights, children's act, Constitutional Rights, costs order, custody agreement, custody battle, divorce proceedings, divorce settlement, Family Advocate, family advocate recommendations, Family Court, Family Law, financial coercion, joint estate, Judicial Discretion, legal precedent, matrimonial property, Medupi Power Station, Parental Rights, parenting plan, Primary Caregiver, primary residence, settlement agreement, South African courts, Supreme Court of Appeal, unilateral relocation, upper guardian When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024). Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the… READ MORE
24/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Family Law Court System South Africa, Financial Disclosure, Maintenance, Parental Rights, Procedural Law, Settlement agreements, Shared Residency attorney misconduct, attorney responsibility, Children's Best Interests, children's act, court officers, court protocols, court upper guardian, Divorce Act, Divorce Law, divorce maintenance, divorce proceedings, divorce settlements, family advocate investigations, Family Advocate role, Family Law, High Court judgments, judicial criticism, Legal Ethics, legal fees disallowed, legal practice standards, legal practitioner duties, maintenance obligations, professional boundaries, professional conduct, shared custody, shared residency, unopposed divorce, WhatsApp communication Attorney’s WhatsApp Blunder Costs Fees in Shared Residency Battle – P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046. Shared Residency: Not Always the Default Solution for Divorced Parents In a groundbreaking judgment delivered by Acting Judge Haupt in P.V.Z v L.V.Z (047502/2024; 36830/2022; 064524/2023) ZAGPPHC 1046, the Gauteng… READ MORE
21/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Family Law Court System South Africa, Joint Decision Making, Parental Coordinator, Schools, Urgency Alternative Dispute Resolution, attorney-client scale, best interests of the child, Child Custody, co-parenting, communication skills, costs order, facilitative mediation, Family Advocate, legal precedent, Mediation, parenting coordinator, Rule 41A, school choice, Self-Created Urgency, South African Family Law, Uniform Rules of Court, urgent court application, Western Cape High Court Urgent Co-Parenting Battles: A Lesson in Patience from D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024). Background: A Preschool Predicament In the Western Cape High Court case of D.D v I.L and Another (16939/2024) ZAWCHC 215 (20 August 2024), we encounter a poignant example of how… 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
11/03/2024 Bertus Preller Child Maintenance, Children, Divorce, Divorce Statistics, Family Law Court System South Africa, Mediation Access to Justice, Alternative Dispute Resolution, best interests of the child, Child Custody, court backlogs, court efficiency, Divorce, domestic violence, Family Advocate, family court challenges, family law reform, family law research, interim report, judicial training, justice system, Karen Botha, Legal Representation, Mediation, power imbalances, South African family courts, specialization, standardization, unrepresented litigants Dysfunction in South Africa’s Family Law System: Insights from a Groundbreaking Report. – March 2024. Introduction South Africa is renowned for having some of the most progressive family law legislation in the world, including the Children's Act 38 of 2005, the Domestic Violence Act 116… READ MORE