23/01/2025 Bertus Preller Best Interests of the Child, Children, Parental Rights, Same Sex Couples best interests of child, blended families, child welfare, children's rights, children's act, Civil Union Act, Constitutional Rights, contact arrangements, Contact rights, court appointed experts, custody arrangements, drug assessment, educational evidence, expert evidence, Family Advocate, Family Court, Family Law, family relationships, joint custody, joint expert minute, Judicial Discretion, legal precedent, Parental Rights, psychiatric evaluation, Same-Sex Marriage, South African Law, surrogacy, teacher testimony, upper guardian, Western Cape High Court Best Interests of Children Triumph Over Expert Recommendations: D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025). Introduction: A Modern Family's Legal Journey in the Western Cape High Court In a landmark judgment delivered electronically on 23 January 2025, the Western Cape High Court grappled with complex… READ MORE
14/07/2024 Bertus Preller Artificial fertilisation, Best Interests of the Child, Children, Parental Rights, Same Sex Couples, Surrogacy, Surrogacy Laws South Africa altruistic surrogacy, artificial fertilization, best interests of the child, breach of agreement, case-by-case approach, children's act, commercial surrogacy, commissioning parents, court confirmation, domicile requirement, Ex parte Three Surrogacy Applications, Family Law, genetic link, High Court, legal parentage, Legal Recourse, Legal Requirements, psychological evaluation, same-sex couples, South Africa, surrogacy, surrogacy advertising, surrogacy agreement, surrogacy ethics, Surrogacy Laws South Africa, surrogate compensation, surrogate mother, termination rights Navigating the Legal Landscape of Surrogacy in South Africa: Current Law and Recent Developments. Introduction In navigating the complex terrain of starting a family, many South Africans are turning to surrogacy as a viable option. The Surrogacy Law in South Africa plays a pivotal… READ MORE
13/07/2024 Bertus Preller Artificial fertilisation, Best Interests of the Child, Child Maintenance, Children, Guardianship, Life Partnerships, Parental Rights, Same Sex Couples 2024 ZAGPJHC 626, A.V and Another v D.C, artificial fertilisation, AV and NZ, best interests of the child principle, Child's Best Interests, children's act, co-parenting, Constitutional Court, Contact rights, custody disputes, DC, family advocate report, Family Law, family law practitioners, guardianship, identity and birth certificate, international travel consent, judicial decision, Legal Framework, legal precedent, maintenance payments, medical aid dispute, Parental Rights, permanent life partner, Section 21, Section 23, Section 40, South African Law, VJV case Case on Same-Sex Couples and Artificial Fertilisation: A.V and Another v D.C and Others (40522/19) [2024] ZAGPJHC 626 (26 June 2024) – Balancing Parental Rights and Child’s Best Interests Introduction In A.V and Another v D.C and Others (40522/19) ZAGPJHC 626 (26 June 2024), the applicants, AV and NZ, and the first respondent, DC, initially believed that certain sections… READ MORE
06/03/2024 Bertus Preller Children, Divorce, Parental Rights, Same Sex Couples best interests of the child, Case Law, child care, Child Custody, child welfare, child-centric approach, children's act, constitutional principles, contact arrangements, court decision, expert assessment, Family Advocate, Family Court, family disputes, family dynamics, Family Law, judicial scrutiny, Legal Analysis, legal challenges, Legal Framework, Legal precedents, Legal proceedings, Mediation, mental health, Parental Rights, parenting plan, same-sex couples, South Africa, surrogate motherhood Navigating Complex Family Dynamics: Care and Contact and Expert Assessments in Same-Sex Families Section 23 of the Children’s Act. – DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024). Lekhuleni J. Introduction Section 23 of the Children's Act 38 of 2005 emerged as a critical pillar in the court's analysis, offering a legal avenue for individuals seeking contact or care of… READ MORE
22/02/2024 Bertus Preller Children, Guardianship, Parental Rights, Same Sex Couples adoption, best interests of the child, child care, child development, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Contact rights, Court Rulings, custody rights, emotional well-being, Family Court, family dynamics, Family Law, family structures, foster care, guardianship application, Guardianship Rights, Legal Framework, Legal precedents, legal standing, non-biological guardianship, Parental Responsibilities, psychological assessments, psychological bonds, R.C v H.S.C, stepparent rights, visitation rights Expanding Family Boundaries: Navigating Non-Biological Guardianship Rights – R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219; 2023 (4) SA 231 (GJ). 1. Introduction In this case the High Court delved deeply into the intricacies of guardianship, contact, and care rights under the Children's Act, with a keen focus on the welfare… READ MORE
21/01/2024 Bertus Preller Divorce, Marital Regimes, Same Sex Couples Civil Rights, Constitutional Democracy, constitutional law, Diverse Families, equality, Family Law, Gay Rights, Gender Equality, Gender Identity, Human Rights, Inclusive Legislation, Judicial Review, legal advocacy, legal interpretation, Legal Protection, legal reform, Legal Update, Lesbian Rights, Lex Domicilii Matrimonii, LGBTQ+ Rights, marriage law, matrimonial property law, Matrimonial Property Regime, Non-Discrimination, Roman-Dutch Law, Same-Sex Marriage, South Africa, spousal rights, Transgender Rights Reforming Lex Domicilii Matrimonii: A Step Towards Equality in South African Matrimonial Law. Introduction In the ever-evolving domain of South African family law, the concept of matrimonial property regimes, primarily governed by the principle of lex domicilii matrimonii, stands at the crossroads of… READ MORE
01/07/2023 Bertus Preller Children, Cohabitation, Life Partnerships, Living Together, Parental Rights, Same Sex Couples artificial fertilisation, Bertus Preller, best interests of the child, Children’s Act 38 of 2005, Children’s Court, Constitutional Court, constitutional defects, constitutional invalidity, discrimination, Divorce Attorney Cape Town, Divorce News, Family Law, family life, marital status, parental rights and responsibilities, Parliament, permanent life partners, remedy, right to dignity, sexual orientation Landmark Ruling: South Africa’s Constitutional Court Declares Section 40 of the Children’s Act Unconstitutional, Affirming Parental Rights for Same-Sex Couples. VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER ZACC 21 - 29 JUNE 2023 The Constitutional Court ruled on an application for validation of a constitutional invalidity that… READ MORE