17/03/2025 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Costs, Guardianship, Relocation 2025 ZAKZPHC 26, best interests of the child, Child Relocation, Children’s Act 38 of 2005, consent order rejection, Contact rights, court discretion, custody dispute, D.R.R v S.D.R, expert evidence, F v F, Family Advocate, Family Law, High Court South Africa, Johannesburg vs Pietermaritzburg, KwaZulu-Natal Division, legal precedent, Mossop J, parental alienation, Parental Rights, primary care, psychological reports, sibling separation, sibling unity, South African Law, Terblanche v Terblanche, upper guardian, Van der Linde case, ZDE v CE Divided No More: Sibling Unity Triumphs in D.R.R v S.D.R and Another (8947/2022P) [2025] ZAKZPHC 26 (13 March 2025). Background of the Family Dispute In the matter of D.R.R v S.D.R and Another (8947/2022P) ZAKZPHC 26 (13 March 2025), heard in the High Court of South Africa, KwaZulu-Natal Division,… READ MORE
20/01/2025 Bertus Preller Best Interests of the Child, Children, Curator Ad Litem, Grandparents Rights, Guardianship, International Travel, Relocation, Views of the Child best interests of the child, child welfare, Children’s Act 38 of 2005, children’s rights, co-guardianship, cultural identity, curator ad litem, expert evidence, Family Advocate, family dynamics, family law judgment, financial stability, guardianship, guardianship disputes, high-conflict disputes, JB J v EH B, Judicial Discretion, legal precedent, Legal Representation, LR J and Another case, Parental Responsibilities, Parental Rights, relocation, relocation applications, relocation to Scotland, South African Family Law, stability in family law, supervised contact, supervised reintegration, trust funds Guardianship and Relocation Disputes in Focus: LR J and Another; In Re: JB J v EH B and Others (2024-024281) [2025] ZAGPJHC 11 (14 January 2025. Introduction to the Case: Background and Legal Context The case LR J and Another; In Re: JB J v EH B and Others (2024-024281) ZAGPJHC 11 (14 January 2025) highlights… READ MORE
26/12/2024 Bertus Preller Alienation, Best Interests of the Child, Children, Conduct of Childcare Experts, Holiday Travel, International Travel, Parental Alienation, Parental Rights, Relocation, Views of the Child best interests of the child, child custody relocation South Africa, child psychological impacts relocation, child relocation South Africa, child welfare relocation, Children’s Act 38 of 2005, co-parenting and relocation, F v F, family advocate relocation disputes, family law relocation, Godbeer case, High Court relocation cases, international relocation cases, interprovincial relocation South Africa, Jackson v Jackson, legislative gaps in relocation law, mediation in relocation disputes, parenting plans South Africa, Payne v Payne, relocation disputes South Africa, relocation law reform, shared parental responsibility South Africa, socio-economic factors in relocation, structured relocation checklist, Van Rooyen case Relocation Disputes in South Africa: Balancing the Child’s Best Interests and Parental Rights. Understanding Relocation Disputes and the Best Interests of the Child Relocation disputes arise when a parent wishes to move with a minor child, either within South Africa or internationally, and… READ MORE
24/06/2024 Bertus Preller Alimony, Child Maintenance, Children, Divorce, Financial Disclosure, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance Access to Justice, Bannatyne v Bannatyne, best interests of the child, care and contact arrangements, Cary v Cary, child maintenance, Children’s Act 38 of 2005, cost contribution orders, divorce proceedings, Du Preez v Du Preez, financial disclosure, financial transparency, Gender Equality, high-net-worth divorces, high-stakes divorce, interim maintenance, interim relief, L.E.A v A.J.A, Legal Costs, luxurious lifestyle, Mahikeng, maintenance claims, North-West Division High Court, Rule 43 Application, Section 28 Constitution, South African Law, Taute v Taute, trusts and business interests, WT v KT Balancing Luxury and Justice: High-Stakes Divorce and Child Maintenance in L.E.A v A.J.A (990/2024) [2024] ZANWHC 142 – (21 June 2024). Background: A High-Stakes Rule 43 Application Imagine a prominent business executive, Mr. A.J.A, and his spouse, Mrs. L.E.A, who live a life of luxury in a R25 million home, frequently… 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
01/06/2024 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Guardianship, Parental Rights, Relocation, Views of the Child best interests of the child, child development, Child Relocation, child's views, Children’s Act 38 of 2005, clinical psychologist, co-parenting, competing interests, counselling psychologist, emotional well-being, expert evidence, Family Law, landmark decision, meaningful relationship, non-relocating parent, Parental Rights, parenting plan, reasonableness of relocation, relocating parent, relocation application, relocation assessment, relocation dispute, relocation factors, relocation hearing, relocation judgment, relocation order, section 28(2) Constitution, shared parenting, urgent relief V.L v F.N (4760/2024) [2024] ZAWCHC 146 (30 May 2024) – A Court Decision in Family Law on Child Relocation. Introduction In the recent case of V.L v F.N (4760/2024) ZAWCHC 146, delivered on 30 May 2024, the Western Cape High Court was faced with a complex and emotionally charged… READ MORE
18/03/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Views of the Child best interests principle, child autonomy, Child Custody, child development, Child Participation, Child Psychology, child rights, child testimony, child welfare, child-friendly practices, child's voice, Children’s Act 38 of 2005, constitutional mandate, Court Decisions, Custody Battles, divorce proceedings, expert testimony, Family Advocate, Family Court, judicial approach, judicial interpretation, legal challenges, Legal Framework, Legal proceedings, legal reform, Legal Representation, Parental Rights, South African Family Law, UNCRC Amplifying the Child’s Voice: Navigating Family Law in South Africa. The principle of the child's voice in South African family law represents a fundamental aspect of the legal system’s commitment to ensuring that children's rights and welfare are prioritized in… READ MORE
22/02/2024 Bertus Preller Children, Guardianship, Parental Rights, Same Sex Couples adoption, best interests of the child, child care, child development, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Contact rights, Court Rulings, custody rights, emotional well-being, Family Court, family dynamics, Family Law, family structures, foster care, guardianship application, Guardianship Rights, Legal Framework, Legal precedents, legal standing, non-biological guardianship, Parental Responsibilities, psychological assessments, psychological bonds, R.C v H.S.C, stepparent rights, visitation rights Expanding Family Boundaries: Navigating Non-Biological Guardianship Rights – R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219; 2023 (4) SA 231 (GJ). 1. Introduction In this case the High Court delved deeply into the intricacies of guardianship, contact, and care rights under the Children's Act, with a keen focus on the welfare… READ MORE
01/02/2024 Bertus Preller Children, Guardianship, Orphans, Parental Rights child custody law, child welfare decisions, Child's Best Interests, children's contact rights, Children’s Act 38 of 2005, Court Order Compliance, curatrix ad litem role, custody battle, family court insights, family law case law, family therapy importance, guardianship arrangements, guardianship dispute, guardianship nomination, legal challenges, Legal Guardianship, Legal proceedings, minor children protection, orphan welfare, parental rights implications, South African Family Law, Welgemoed v Potgieter Safeguarding Orphans’ Future: Lessons from the Welgemoed v Potgieter Guardianship Dispute. – Welgemoed and Another v Potgieter and Others (88660/2019) [2024] ZAGPPHC 13 (2 January 2024). Introduction to the Case The matter of Welgemoed and Another v Potgieter and Others (88660/2019) presented before the Gauteng Division, Pretoria High Court, captivates with its sorrowful premise, underpinning the… READ MORE
31/01/2024 Bertus Preller Children, Divorce, Parental Rights, Schooling, Views of the Child acrimonious divorce, best interests of the child, Child Custody, child custody case, child-focused litigation, child's best interest, child's schooling, Children's Welfare, Children’s Act 38 of 2005, co-parenting, conciliation in family law, Court Proceedings, Divorce, educational stability, expert reports, Family Law, judicial decision, legal dispute, legal principles, motion proceedings, parental consent, Parental Rights, psychological well-being, Redhill School, School Enrollment, South African Constitution, South African High Court, St Stithians College, upper guardian Deciphering the Best Interests: A Legal Analysis of a Child’s Schooling in Divorce – U.R v S.B and Others (2024-001357) [2024] ZAGPJHC 55 (25 January 2024) Introduction: Urgent School Enrollment Dispute In this urgent legal matter brought before the court on 11 January 2024, the core issue revolved around the schooling of a minor child amidst… READ MORE