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
19/10/2023 Bertus Preller Children, Parental Rights, Relocation Alston Primary School, Alternative Redress, best interests of the child, Children’s Court, Judicial Discretion, Legal Costs, Legal Framework, MM vs NM, Parental Rights, Primary Caregiver, protection order, School Enrollment, Section 28(2) of the Constitution, Section 31 of the Children's Act, Self-Created Urgency, South African Family Law, St. Charles College, Uniform Rule 6, Urgent Application Urgency or Delay? A Deep Dive into a South African Family Law Case Involving Schooling and Parental Rights. MM v NM and Others (15133/23P) ZAKZPHC 117 (18 October 2023) Introduction In a recent case presided over by Davis AJ, MM (the applicant) filed an urgent application against NM… 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