24/06/2025 Bertus Preller Abduction, Best Interests of the Child, Children, Contempt of Court, Costs, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, Immigration, International Divorce, International Family Law, International Travel, Joint Decision Making, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation attorney and client scale, best interests of children, care and contact assessment, child abduction, child custody orders, contempt of court, contempt proceedings urgency, cross-border custody disputes, cross-border litigation, divorce proceedings, Easter holiday dispute, emergency passports, family court jurisdiction, Hague Convention, hearsay evidence, international child retention, international enforcement, judicial authority vindication, Jurisdictional Challenges, mala fides presumption, postponement applications, punitive costs, sine die postponement, South African Family Law, suspended imprisonment, Swiss courts, travel documentation, Western Cape High Court, wilful non-compliance When Easter Holidays Turn Into International Child Retention: T.A.M-W v C.M.M (2025/030666) [2025] ZAWCHC 217 (23 May 2025) and the Limits of Cross-Border Contempt Orders. Key Takeaways This landmark judgment demonstrates that South African courts will not hesitate to use their full arsenal of sanctions when parties deliberately flout agreed court orders, particularly where children's… READ MORE
26/12/2024 Bertus Preller Abduction, Adoption, Alienation, Best Interests of the Child, Children, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, International Family Law, International Travel Australian family law, best interests of the child, child abduction, Child Custody, Child Relocation, child welfare, child’s views in family law, children’s act, comparative law, cross-border family disputes, Custody Battles, English family law, Family Advocate, Family Law, family law frameworks, family law reform, family mediation, Fletcher v Fletcher, French family law, Hague Convention, International Child Abduction, joint parental responsibility, legal aid in family law, parental authority, parental responsibility, Parental Rights, relocation disputes, relocation with children, sibling unity, South African Family Law Comparative Analysis: South African, English, Australian, and French Law on Parental Responsibility, Relocation, and Child Abduction. Parental Responsibility South Africa: Governed by Chapter 3 of the Children’s Act 38 of 2005, parental responsibilities and rights include care, contact, guardianship, and maintenance. These responsibilities are automatic for… READ MORE
23/12/2024 Bertus Preller Abduction, Appeal, Best Interests of the Child, Children, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Parental Alienation, Parental Rights, Procedure, Relocation Article 13(b), Australian courts, Central Authority, child abduction, child protection, child rights, child welfare, children's act, Constitutional Challenges, cross-border parenting, custody proceedings, domestic violence, Expeditious Proceedings, Family Advocate, grave risk defence, Hague Convention, international child return, international family law, international obligations, Judicial Discretion, judicial separation, legal precedent, Parental Rights, procedural delays, Protective Measures, South Africa, South African jurisdiction, Supreme Court of Appeal, time limits, undertakings, urgent applications When Time is Not on Your Side: Supreme Court Issues Urgent Warning on Hague Convention Delays in N M v Central Authority for Republic of South Africa and Another [2024] ZASCA 178 (19 December 2024). Introduction: A Child's Journey Between Two Continents The Supreme Court of Appeal recently delivered a landmark judgment in N M v Central Authority for Republic of South Africa and Another… READ MORE
22/06/2024 Bertus Preller Abduction, Best Interests of the Child, Children, Emotional Abuse, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Procedural Law, Psychological Abuse, Relocation Article 13(b), best interests of child, Central Authority, child abduction, constitutional law, cross-border custody, developmental delays, evidentiary standards, grave risk exception, habitual residence, Hague Convention, international family law, international treaties, Judicial Discretion, post-partum depression, prompt return principle, Protective Measures, South Africa, Supreme Court of Appeal, undertakings Solomon’s Dilemma in the Digital Age: SCA Navigates International Child Abduction in C.A.R v Central Authority (737/2023) [2024] ZASCA 103 (21 June 2024). Background of the Case: What Led to the Supreme Court of Appeal? In the annals of legal history, cases involving child custody (care and contact) often evoke the wisdom of… READ MORE