12/09/2024 Bertus Preller Adversarial Legal System, Alienation, Best Interests of the Child, Children, Divorce, Parental Alienation, Parental Coordinator, Parental Rights, Views of the Child alienating behavior, Child Psychology, child welfare, Child's Best Interests, court intervention, custody disputes, enmeshment, family dynamics, Family Law, legal precedent, parental alienation, psychological assessment, supervised contact, therapeutic intervention Breaking the Cycle: Legal Insights into Parental Alienation in High-Conflict Divorces. Understanding Parental Alienation: Definition and Key Characteristics Parental alienation is a complex psychological phenomenon that can emerge in high-conflict divorce or separation cases, often with devastating consequences for families. It… READ MORE
03/09/2024 Bertus Preller Children, Costs, Divorce, Financial Disclosure, Rule 43, Rule 43 Cost Contributions adverse inferences, child welfare, corporate veil, financial disclosure, high-net-worth, interim maintenance, Legal Costs, luxury lifestyle, maintenance pendente lite, marital standard, property expenses, psoriasis medication, Rule 43, South African divorce, trust law Rule 43 Showdown: High Court Unravels Luxury Divorce in M.M v T.M (2023/012335) [2024] ZAGPJHC 835. (20 August 2024). Background: A High-Flying Couple's Messy Divorce In the realm of high-profile divorces, the case of M.M v T.M (2023/012335) ZAGPJHC 835 (20 August 2024) stands out as a particularly complex… READ MORE
20/08/2024 Bertus Preller Arrears, Children, Divorce, Maintenance, Pension Funds appellate intervention, Asset Division, child best interests, child support, child welfare, divorce settlement, equitable maintenance, family court High Court Child maintenance, financial assessment, financial fairness, financial proportionality, High Court appeal, Judicial Discretion, Judicial Review, legal obligations, legal precedent, legal reform, magistrate court error, Maintenance Act, maintenance calculation, Maintenance Order, maintenance revision, parental obligations, Parental Rights, pension fund attachment, retirement benefits, retrenchment impact, South African Family Law, Training Layoff Scheme, unemployment consideration Balancing Act: High Court Overturns Punitive Maintenance Order in L.N v N.N (A2923/005472) [2024] ZAGPJHC 772 (19 August 2024). Background: The Divorce Settlement and Initial Maintenance Order The case of L.N v N.N (A2923/005472) ZAGPJHC 772 stems from a divorce settlement reached in August 2022. As part of this… 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
08/08/2024 Bertus Preller Abuse, Adversarial Legal System, Best Interests of the Child, Children, Domestic Violence, Holiday Travel, International Travel, Relocation, Views of the Child best interests of child, child welfare, children's act, co-parenting, court order, custody rights, Divorce, Family Advocate, Family Court, Immigration Act, international travel, judicial interpretation, Legal Guardianship, minor's travel, parental consent, Parental Rights, parenting plan, South African Law, travel regulations Navigating Parental Consent for International Travel: Insights from J.S v R.S (4146/24) [2024] ZAWCHC 199 (2 August 2024) Background: A Battle Over Holiday Travel with a Minor Child In the recent Western Cape High Court case of J.S v R.S (4146/24) ZAWCHC 199 (2 August 2024), Acting Justice… READ MORE
07/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Divorce, Financial Disclosure, Hostile Family Lawyers, Maintenance, Procedure, Rule 43, Spousal Maintenance aggressive litigation tactics, asset depletion, child welfare, divorce process critique, exorbitant legal fees, financial disclosure, financial hardship, high-conflict divorce, interim relief, judicial case management, Legal Costs, legal reform, maintenance variation, Material change in circumstances, matrimonial property, minor child impact, prolonged litigation, Rule 43, South African Family Law A Decade of Divorce: L.S v J.S (23967/2012) [2024] ZAGPJHC 653 Exposes Flaws in South African Family Law (2 August 2024). Background: A 12-Year Divorce Battle Reaches New Heights The case of L.S v J.S (23967/2012) ZAGPJHC 653 (2 August 2024) presents a stark illustration of the perils of prolonged divorce… READ MORE
18/07/2024 Bertus Preller Best Interests of the Child, Children, Costs, Parental Rights, Procedure, Rule 43 abuse of process, best interests of the child, Child Custody, child welfare, Constitutional Rights, divorce proceedings, Family Law, forum shopping, High Court, interim orders, Judicial Discretion, Legal Procedure, Legal Strategy, matrimonial matters, regional court, Rule 43, Rule 58, South African Law, urgency Navigating the Maze: Forum Shopping and Urgency in Family Law – Insights from D.G.S.F v M.F and Another (347/2024) [2024] ZAFSHC 207. Background: A High-Stakes Rule 43 Application The case of D.G.S.F v M.F and Another (347/2024) ZAFSHC 207 (2 July 2024) centres on a contentious Rule 43 application in the Free… READ MORE
15/06/2024 Bertus Preller Adoption, Best Interests of the Child, Child Maintenance, Children, Maintenance, Parental Rights 3 June 2024, A25/2024, adoption process, best interests of the child, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Constitutional Rights, Contemporary Society, de facto adoptions, duty of support, emotional bond, familial arrangements, Family Law, High Court, informal adoptions, Legal Framework, legal obligations, legal recognition, Legal Technicalities, maintenance obligations, parental care, Parental Responsibilities, R S v J S and Others, South African Law, voluntary assumption, ZAWCHC 83 Embracing the Best Interests of the Child: A Legal Analysis of De Facto Adoptions and Maintenance Obligations in R S v J S and Others (A25/2024) [2024] ZAWCHC 83 (3 June 2024). Factual Matrix and Procedural History: A Comprehensive Overview of R S v J S and Others (A25/2024) ZAWCHC 83 (3 June 2024) The judgment of R S v J S… READ MORE
23/05/2024 Bertus Preller Divorce, Muslim Marriages asset redistribution, Child Custody, child welfare, cultural diversity, Divorce, Divorce Act 1979, Divorce Amendment Act 2024, equality, fairness, Family Law, forfeiture of patrimonial benefits, Islamic tenets, justice, Legal Protection, legal recognition, Marital Assets, Muslim marriages, religious practices, South Africa Understanding the New Divorce Amendment Act No. 01 of 2024: Enhancing Legal Protection for Muslim Marriages The Divorce Amendment Act, 2024, marks a significant milestone in the recognition and protection of Muslim marriages in South Africa. By integrating specific provisions for Muslim marriages into the existing… READ MORE
21/05/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Procedure, Relocation, Schooling, Urgency, Views of the Child best interests of the child, child contact, child welfare, children's act, court order, court procedure, Divorce, East Rock Trading, Family Advocate, Family Law, Grootboom case, High Court, Johannesburg, judicial oversight, Legal Framework, legal principles, Mediation, Parental Rights, Procedural Compliance, procedural rules, relocation disputes, settlement agreement, shared custody, Uniform Rule 6(12), urgency test, urgent child relocation, Western Cape, ZAWCHC E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications. Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent… READ MORE