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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…

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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…

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Adversarial Litigation in Divorce and Family Law Practitioners’ Conduct: Unpacking – D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024).

Background of the Dispute The case of D.N.Q v P.Q (49090/2021) ZAGPPHC 12, presided over by Marumoagae AJ, emerged from a dispute within the context of a protracted divorce process.…

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NAVIGATING THE COMPLEXITIES OF INTERNATIONAL CHILD ABDUCTION IN SOUTH AFRICA: LEGAL PERSPECTIVES, CHALLENGES, AND CASE LAW ANALYSIS.

INTRODUCTION The escalating global issue of international child abduction has significant implications within the South African legal framework. This analysis delves into South Africa's approach to addressing and implementing key…

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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…

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Shaping the Future of Family Law: A Pivotal South African Case on Child Relocation – T.R v S.M (035901/2023) [2024] ZAGPJHC 35 (17 January 2024).

Facts of the Case Background Parties and Relationship: From 2009 to 2012, T.R (the applicant) and S.M (the respondent) were in a relationship but never married. They had a daughter…

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Constitutional Court’s Insightful Interpretation of the Hague Convention’s Article 13(b) in a Pivotal International Child Custody Case – Ad Hoc Central Authority for RSA and Another v Heidi Nicole Koch N.O. and Another [2023] ZACC 37.

FACTS This case involves a complex international child custody dispute under the Hague Convention on the Civil Aspects of International Child Abduction. Here is a summary of the key facts:…

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Insights from the Bench: Navigating Post-Divorce Parenting and Child’s Best Interests. – L.B v LAE (8551/2022) [2023] ZAGPPHC 1265 (21 November 2023).

Erasmus AJ Background This case revolved around the amendment of a parenting plan and a divorce order concerning the contact between the applicant (father) and the minor child, AMB. The…

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Navigating International Waters: A South African Family Law Case on Child Relocation to Dubai. – TS v S D D – Case Number: 7389/2023 – 20 November 2023.

Holderness AJ INTRODUCTION Application by the Mother: The applicant, the mother of two children, S (15 years old) and K (11 years old), sought several legal reliefs. These included: Permission…

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Understanding the New Children’s Act 17 of 2022: A Landmark Shift in South African Family Law.

Introduction The South African legal landscape witnessed a significant legislative shift with the enactment of the Children's Amendment Act 17 of 2022. This landmark change introduced the jurisdiction of Children's…

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