07/08/2025 Bertus Preller Abuse, Adversarial Legal System, Child Bullying, Child protection, Children, Children's Court, Conduct of Childcare Experts, constitutional rights of children, Contempt of Court, Costs, Curator Ad Litem, Emotional Abuse, Family reunification, Grandparents Rights, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, Hostile Family Lawyers, Joint Decision Making, Parental Alienation, Parental Coordinator, Parental Rights, Punitive Cost Orders, Reunification, Reunification therapy, Section 28 Constitution, Views of the Child AB-PA, attachment-based parental alienation, Australian parenting orders, best interests of the child, child’s rights, children’s act, co-parenting programs, contempt enforcement, curator ad litem, custody variation, differential diagnosis, emotional abuse, expert evidence, Family Advocate inquiries, forensic psychologist, interim orders, international comparison, legislative reform, multi-disciplinary approach, parental alienation, parenting coordinator, preventive education, psychological assessment, reunification therapy, Rule 43 applications, South African Family Law, supervised contact, therapeutic court orders, UK CAFCASS model, US friendly parent factor Parental Alienation in South African Family Law: Legal Framework, Case Analysis, and Comparative Perspectives. Introduction Parental alienation has emerged as one of the most heart-wrenching dilemmas in South African family law, surfacing with alarming frequency in high-conflict divorces and custody battles. At its core,… 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
12/06/2024 Bertus Preller Best Interests of the Child, Child maintenance against a deceased estate, Children, Costs, Exceptions, Maintenance, Maintenance Claims On Death, Procedure actuarial reports, best interests of the child, child maintenance, child support, children’s act, common law duty, Constitution Section 28(2), court analysis, Court Rulings, deceased estates, estate disputes, estate management, estate obligations, executors’ responsibilities, Family Law, Family Law cases, family law framework, financial needs, L.L v A.J.M, legal interpretation, legal obligations, Legal precedents, legal principles, maintenance calculations, maintenance claims, maintenance law, parental duty, South African Family Law, ZAGPPHC 523 Maintenance Claims Against Deceased Estates: Analysis of L.L v A.J.M and Others (014357/2022) [2024] ZAGPPHC 523 (7 June 2024). Background and Context of the Case The case L.L v A.J.M and Others (014357/2022) ZAGPPHC 523 (7 June 2024) involves a dispute over the maintenance claims made by L L,… READ MORE
17/03/2024 Bertus Preller Best Interests of the Child, Children best interests, child advocacy, child development, child protection, child rights, child welfare, child-sensitive justice, children’s act, Constitutional Court, court judgments, cultural influences, custody disputes, educational well-being, Family Law, forensic social work, interdisciplinary approach, judicial decisions, Legal Analysis, legal guidelines, legal interpretation, legal principles, normative values, paramount consideration, Parental Rights, psychological assessment, socio-economic factors, South African Law Child-Centric Justice: Interpreting the Best Interests of the Child in South African Law. South African courts have long had experience in applying the “best interests” principle in matters such as custody or maintenance. In our new constitutional order, however, the scope of the… READ MORE