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Joining a Family Trust to a Divorce: Why Rule 10 Shut the Door in S[…] v S[…] and Others: In re: S[…] v S[…] (2115/2020) [2026] ZANCHC 86 (5 October 2026).

An Inherited Farm, a Discretionary Family Trust and a Marriage at an End: The Facts In S v S and Others: In re: S v S (2115/2020) ZANCHC 86 (5…

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03/10/2026

Self-Help Never Pays: Unlawful Retention of a Child and the Limits of Rule 43(6) — L.C.E v C.E (2026/226362) [2026] ZAGPJHC 1070 (29 September 2026).

Neutral Citation: E v E (2026-226362) ZAGPJHC --- (29 September 2026)   The Facts: A Four-Year-Old Caught in the Crossfire of a Brutal Divorce The parties in L.C.E v C.E (2026/226362)…

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21/09/2026

Rule 43 Orders Cannot Be Appealed, and Persisting Costs the Attorney: Dicker NO v S.J.V.D.W (Leave to Appeal) (2026/006447) [2026] ZAWCHC 482 (7 September 2026).

The Western Cape Division has once again been called upon to restate what ought by now to be trite in every family law practice in the country: orders granted in…

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When Midnight Departures Belie Consent: Article 13 Defences Fail in International Child Abduction Case – Central Authority of the Republic of South Africa and Another v L (2025-178969) [2025] ZAGPJHC 1101 (3 November 2025).

Factual Matrix: A Mother's Contested Departure from Denmark to South Africa The dispute before Adams J in the Gauteng Division of the High Court centred on a six-year-old boy who…

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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,…

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Unilateral Relocation and Shared Custody: Lessons from M.D.P v W.T.P and Another (Appeal) (A139/2024) [2025] ZAWCHC 300 (17 July 2025).

Factual Matrix: Unilateral Relocation and the Breakdown of Co-Parenting The dispute in this matter arose from a sequence of events that illustrates the profound consequences of unilateral decision-making in family…

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Parental Rights, Spousal Support, and Racial Allegations: Inside A.W.F v K.S.R (052216/2024) [2025] ZAGPPHC 503 (16 May 2025) and the Rule 43 Balancing Act.

The Factual Matrix: Disputed Care, Contact, and Maintenance in a Rule 43 Application In A.W.F v K.S.R (052216/2024) ZAGPPHC 503 (16 May 2025), the applicant approached the Gauteng Division of…

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Urgency Dismissed: Lessons from E.E v T.C.E (113234/23) [2025] ZAGPPHC 492 (16 May 2025) on Rescission, Disclosure and Children’s Rights in Divorce Proceedings.

The Factual Matrix: A Mother’s Urgent Attempt to Set Aside a Divorce Settlement Agreement This case arose from an urgent application brought by the applicant, E.E, who sought to have…

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Contempt of Court for Maintenance Default: Weekend Imprisonment and Punitive Costs in S.L v A.C (2024/143281) [2025] ZAWCHC 212 (21 May 2025).

Facts The parties were married on 27 April 2009 under Shariah law and have two minor children. Their civil marriage still subsisted, albeit described by Acting Judge Van Zyl as…

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Hague Convention Defences Prevail: Court Refuses Child’s Return in Central Authority of South Africa and Another v C.M (2023/077002) [2025] ZAGPJHC 99 (10 February 2025).

The Hague Convention and International Child Abduction: A Legal Framework International child abduction cases are among the most complex disputes that courts must resolve, requiring a delicate balance between protecting…

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