08/11/2025 Bertus Preller Abducting parent defences, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Left-behind parent rights, Prompt return of child, Wrongful removal of child abducting parent defences, ancillary relief, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Central Authority South Africa, child return application, Convention proceedings, curator ad litem, custody proceedings, Denmark child abduction, family law South Africa, grave risk threshold, habitual residence, Hague Convention, International Child Abduction, intolerable situation, jurisdictional issues, Koch case, left-behind parent rights, Mirror Orders, N M v Central Authority, Plascon-Evans rule, prompt return of child, Protective Measures, Sonderup v Tondelli, summary proceedings, two-stage process, wrongful removal of child 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… READ MORE
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
27/07/2025 Bertus Preller Children, Inter-provincial custody, Parental Rights, Procedural Law, Relocation, Section 16(3) Superior Courts Act, Unilateral relocation appellate jurisdiction family law, best interests of child, care and contact arrangements, child custody disputes, child relocation law, co-parenting disputes, constitutional law children, curator ad litem, custody appeals, educational stability custody, expert evidence family law, Family Advocate, family law appeals, family law South Africa, high conflict parents, inter-provincial custody, interim custody orders, interim orders appealability, matrimonial proceedings, parental responsibilities and rights, parenting coordinators, play therapy children, section 16(3) Superior Courts Act, Section 28 Constitution, shared residence arrangements, therapeutic intervention custody, unilateral relocation, Western Cape High Court 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… READ MORE
29/06/2025 Bertus Preller Best Interests of the Child, Child Bullying, Children, Children's Court, Costs, Curator Ad Litem, Divorce, Guardianship, Joint Decision Making, Maintenance, Parental Alienation, Parental Rights, Rule 43, Spousal Maintenance A.W.F v K.S.R, best interests of the child, blended family parental rights, care of minor children, child maintenance South Africa, Children’s Act sections 23 and 24, contested divorce interim relief, curator ad litem, divorce maintenance case, family law judgment, financial disclosure form, financial obligations in divorce, High Court Pretoria, High Court Rule 43 order, interim contact orders, interim divorce relief, Johannesburg family law, legal rights of stepparents, Parental Responsibilities, pendente lite maintenance, racial allegations in custody, Rule 43 legal principles, Rule 43 South Africa, shared custody rights, sibling bond divorce, spousal maintenance application, urgent contact disputes, vulnerable spouse, ZAGPPHC 503 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… READ MORE
29/06/2025 Bertus Preller Divorce, Procedural Law, Recission of Divorce Orders, Urgency costs in urgent divorce application, curator ad litem, divorce settlement dispute, E.E v T.C.E, East Rock Trading case, Family Advocate investigation, family advocate report, family law procedure, fraud in divorce proceedings, Gauteng Division Pretoria, Lindeque v Hirsch case, minor children divorce court, non-disclosure in divorce, non-joinder, Pretoria High Court, procedural fairness, rescinding divorce agreement, rescission of divorce order, rescission under common law, SARS v Hawker Air Services, South African Family Law, Uniform Rules of Court, urgency in divorce, urgent child residency change, urgent divorce application, urgent High Court application, urgent motion divorce, urgent rescission case, ZAGPPHC 492 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… READ MORE
28/05/2025 Bertus Preller Arrears, Children, Divorce, Interim Maintenance, Islamic Law, Maintenance, Muslim Marriages, Punitive Cost Orders, Rule 43 Acting Judge Van Zyl, attorney client costs, blameworthy conduct, child maintenance, child support enforcement, contempt of court, Contempt Proceedings, curator ad litem, family court orders, family law contempt, family law enforcement, maintenance arrears, maintenance contempt, maintenance default, maintenance defaulters, maintenance enforcement, maintenance obligations, maintenance variation applications, mala fides, periodical imprisonment, punitive costs orders, rental obligations, Rule 43 maintenance, Rule 43 orders, South African Family Law, Suspended Sentence, weekend imprisonment, Western Cape High Court, wilful non-compliance 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… READ MORE
14/02/2025 Bertus Preller Abduction, Children, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Views of the Child Article 12 Hague Convention, Article 13(b), best interests of the child, Central Authority of South Africa, child abduction defences, child abduction South Africa, child custody disputes, child protection laws, child return order, curator ad litem, family court judgments, habitual residence, Hague Convention, Hague Convention case law, Hague Convention rulings, Hague Convention South Africa, High Court Johannesburg, international child custody, international custody battles, international family law, international parental disputes, Legal Analysis, legal precedent South Africa, Parental Abduction, parental consent disputes, psychological harm defence, South African child law, South African High Court, wrongful removal 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… 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
29/11/2024 Bertus Preller Alienation, Best Interests of the Child, Children, Costs, Curator Ad Litem, Divorce, Parental Alienation, Sexual Abuse, Sexual Abuse, Shared Residency abuse investigation, best interests of child, case coordinator, child protection, child safety, child sexual abuse allegations, child testimony, child welfare, child's voice, children's act, court-ordered therapy, curator ad litem, custody disputes, custody evaluation, evidence assessment, expert evidence, family court experts, family court procedure, family dynamics, forensic interviewing, forensic social workers, parental contact, Parental Rights, professional expertise, psychological evaluation, sexual abuse assessment, sexual misconduct claims, social work credentials, social work evaluation, supervised access Sexual Abuse Allegations & Expert Social Workers: High Court Sets New Standards in Child Care and Contact – N.J.B.D. v C.D (8780/2021P) [2024] ZAKZPHC 112 (27 November 2024). Background: A Complex History of Custody Disputes and Sexual Misconduct Allegations In a compelling judgment delivered by Acting Justice Nicholson in the KwaZulu-Natal Division of the High Court, Pietermaritzburg, the… READ MORE
02/06/2024 Bertus Preller Best Interests of the Child, Children, Curator Ad Litem, Divorce, Guardianship, Parental Rights, Relocation, Views of the Child AR v BMR, best interests of the child, best practices, care and contact disputes, challenges, Child Participation, child-centered approach, children's rights, children's act, civil matters, Constitution, Court Proceedings, curator ad litem, family justice system care and contact, Family Law, independence, Legal Ethics, Legal Representation, objectivity, South Africa The Crucial Role of Curators Ad Litem in Protecting Children’s Interests in South African Care and Contact Matters. Introduction The appointment of a curator ad litem in legal matters involving the care and well-being of children has become increasingly important in ensuring that the best interests of the… READ MORE