24/11/2023 Bertus Preller Children, Parental Rights best interests, biological father, bonding therapy, Child Custody, children's act, co-parenting communication, emotional well-being, Family Court, interim contact, Latest Family Law Cases, Legal proceedings, Legal Representation, minor care, primary residence, safe haven, secure attachment, sexual abuse, social worker reports, therapeutic consultation, Urgent Application Understanding the Nuances of Child Custody: A Detailed Analysis of a Recent Interim Contact Case – M.D.B and Another v C.N (2023-113226) [2023] ZAGPPHC 1913 (17 November 2023). Introduction The judgment by Van der Schyff J involved applicants seeking interim contact with a minor child, M, who was previously under their care. The case was presented in the… READ MORE
26/10/2023 Bertus Preller Children, Parental Rights, Views of the Child best interests of the child, children's act, contested guardianship, emotional needs, expert investigation, familial bonds, familial relationships, family dynamics, guardianship, independent expert, intellectual needs, interim contact, judicial investigation, legal precedent, psychological assessment, Section 23, Section 24, Section 7, South African High Court, upper guardian The Balancing Act: When Uncles Step In. A Child’s Best Interests, and How a South African Court Navigated Familial Bonds. D.T and Another v M.A.M.F (2023/032929) ZAGPJHC 1204 (24 October 2023) Background and Points in Limine The case revolved around the first and second applicants, who were the uncles of… READ MORE
23/09/2023 Bertus Preller Children, Parental Rights, Relocation bias mitigation strategies, case law references, Child's Best Interests, children's act, court considerations, cultural bias, cultural competency, cultural shift, Family Law, judiciary discretion, mobility rights, Parental Rights, relocation cases, relocation jurisprudence, shared parenting, South African legal system Unveiling Cultural Bias and Parental Rights: A Deep Dive into South African Relocation Cases. The Risk of Cultural Bias in International Relocation Disputes: A South African Perspective. A scholarly article authored by Dr. Martin Strous, who holds a Ph.D., was recently made public in… READ MORE
10/11/2022 Bertus Preller Children care and contact, children's act, contempt of court, custody, father's rights, parental alienation, parenting plan, relocation, unmarried father Judge Gives Primary Care of Child To Father In the matter of V v L (1575/2021) ZAFSHC 284 (21 October 2022), the court granted primary residence of a three-year-old child to the father. The court also expressed, that… READ MORE