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
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
22/02/2024 Bertus Preller Appeal, Children, Costs, Mootness, Relocation awarding of costs, best interests of the child, child custody appeals, Child Relocation, family court decisions, family law appeals, High Court judgments, legal appeals, legal challenges in relocation, legal disputes over child care, legal implications of relocation, legal precedents in family law, legal strategies in family disputes, maintenance payments and custody, mootness in law, Parental Rights, punitive cost orders, South African Family Law, T.R v S.M Deciphering the Legal Labyrinth: T.R v S.M (035901/2023) [2024] ZAGPJHC 1745 (21 February 2024) and the Intricacies of Family Law Appeals Background In a recent judgment by the Gauteng Local Division of the High Court in Johannesburg, the case between T.R. (Applicant) and S.M. (Respondent) was deliberated. The Applicant sought leave… READ MORE
22/02/2024 Bertus Preller Appeal, Children, Mootness, Parental Rights, Procedural Law, Procedure best interests of the child, child custody appeal, child-centric approach, Children’s Court Randburg, contact order disputes, court's role in child welfare, custody and care arrangements, evolving family law practices, Family Advocate role, family dispute resolution, family law implications, forensic investigation for child's welfare, Gauteng High Court, interdisciplinary approach in custody cases, interim legal orders, judicial discretion in family cases, KA v KN, legal advocacy in custody cases, legal challenges in separation, legal precedents in custody cases, legal principles in custody, legal strategies in family law., mootness in law, new evidence on appeal, paramountcy principle in child law, Parental Rights, procedural norms in appeals, professional legal analysis, South African Family Law Navigating Child Custody Appeals: Insights from: KA v KN (A2023/055189) [2024] ZAGPJHC 147 (21 February 2024) and the Paramountcy of the Child’s Best Interests. In a case heard by the Gauteng Division of the High Court in Johannesburg, an appeal was lodged against a contact order originally granted by the Children’s Court in Randburg.… READ MORE
31/01/2024 Bertus Preller Children, Guardianship, Parental Rights best interests of the child, Child Custody, child welfare, child-focused decisions, child's wellbeing, Court Decisions, custody assessments, Custody Battles, custody disputes, custody evaluation, custody hearings, family advocacy, Family Court, family dynamics, Family Law, family law case study, family law principles, guardianship, Legal Analysis, legal challenges, legal judgments, Legal precedents, legal responsibilities, parent-child relationship, parental disputes, parental obligations, Parental Rights, parental roles, South African Law Navigating Turbulent Waters: A Case Study on Parental Rights and the Complex Dynamics of Family Law. – G.D v M.M (4809/2022) [2024] ZAGPJHC 65 (29 January 2024) INTRODUCTION The Applicant's Request: The applicant sought an order to be declared the sole holder of parental responsibilities and rights concerning guardianship and care of the minor child. This included… READ MORE
31/01/2024 Bertus Preller Children, Divorce, Parental Rights, Schooling, Views of the Child acrimonious divorce, best interests of the child, Child Custody, child custody case, child-focused litigation, child's best interest, child's schooling, Children's Welfare, Children’s Act 38 of 2005, co-parenting, conciliation in family law, Court Proceedings, Divorce, educational stability, expert reports, Family Law, judicial decision, legal dispute, legal principles, motion proceedings, parental consent, Parental Rights, psychological well-being, Redhill School, School Enrollment, South African Constitution, South African High Court, St Stithians College, upper guardian Deciphering the Best Interests: A Legal Analysis of a Child’s Schooling in Divorce – U.R v S.B and Others (2024-001357) [2024] ZAGPJHC 55 (25 January 2024) Introduction: Urgent School Enrollment Dispute In this urgent legal matter brought before the court on 11 January 2024, the core issue revolved around the schooling of a minor child amidst… READ MORE
25/01/2024 Bertus Preller Children, Parental Rights, Relocation 2023 court ruling, best interests of the child, child custody law, Child Relocation, child welfare, child's psychological well-being, court judgment, custody dispute, D.J.H. v A.H, divorce proceedings, Eastern Cape High Court, family advocate report, family law implications, family law judgments, family law precedent, judicial scrutiny, Legal Analysis, legal arguments, legal case review, legal precedent, legal reasoning, Parental Responsibilities, Parental Rights, relocation case study, relocation impact, relocation jurisprudence, relocation opposition, South African Family Law, South African jurisprudence Navigating the Tides of Change: The Intricacies of Child Relocation in D.J.H. v A.H (914/2023) [2023] ZAECMKHC 139, (12 December 2023). – Rugunanan J. Overview of the D.J.H. v A.H Relocation Dispute In the case D.J.H. v A.H (914/2023) ZAECMKHC 139, the Eastern Cape Division of the High Court grappled with a contentious child… READ MORE
20/01/2024 Bertus Preller Children, Divorce, Parental Rights, Relocation A.D.B v B.A.K, best interests of the child, Child Relocation, child welfare, court decision, custodial parent, custody disputes, custody rights, emotional impact, emotional wellbeing, family courts, family dynamics, Family Law, family law principles, International Relocation, Judge Mossop J, judicial decision-making, legal challenges, legal considerations, Legal precedents, non-custodial parent, parent-child relationship, parental consent, Parental Responsibilities, Parental Rights, parenting plan, relocation disputes, South Africa, welfare of the child Navigating the Complexities of Child Relocation Cases in South African Family Law. – A.D.B v B.A.K (15944/22P) [2023] ZAKZPHC 1. – (9 January 2023). The case of A.D.B v B.A.K, presided over by Judge Mossop J, involved intricate family law matters pertaining to the relocation of a minor child. The core issue was the… 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