10/06/2025 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Divorce, Guardianship, International Travel, Maintenance, Muslim Marriages, Parental Coordinator, Parental Rights, Procedural Law, Relocation best interests of child, child psychology relocation, child relocation South Africa, Children’s Act 38 of 2005, constitutional family law, contact arrangements international, cross-border parenting, custodial parent rights, divorce relocation orders, expert witness family law, F v F constitutional rights, Family Advocate reports, family law South Africa, freedom of movement parents, gender discrimination family law, gender equality family court, international custody disputes, international relocation disputes, Jackson v Jackson precedent, KwaZulu-Natal High Court, maintenance obligations relocation, mirror orders international, non-custodial parent contact, parental alienation allegations, parental consent relocation, passport consent children, Portugal relocation case, primary caregiver rights, visa requirements minors Breaking the Shackles: How W.S v N.V (D376/2020; D1062/2021) [2025] ZAKZDHC 35 (6 June 2025) Transformed South African Child Relocation Law and Gender Rights. The Facts: A Family Torn Between Two Continents This case presents a deeply personal yet legally complex dispute that unfolded over several years, illustrating the profound challenges faced by divorced… READ MORE
31/01/2024 Bertus Preller Alienation, Children, Relocation C.S.S v O.R case, child custody evaluations, child custody law, child welfare in divorce, children's removal, children’s emotional welfare, children’s residency disputes, custodial parent rights, custody emergency applications, custody legal battles, emergency custody ruling, family advocate involvement, family court proceedings, family law precedents, guardianship conflict, High Court decision, legal battle for children, legal implications of child removal, minor children's best interests, non-custodial parent challenges, parental access rights, parental custody battle, parental rights in South Africa, primary residence determination, schooling concerns in custody, South African Family Law, South African High Court judgements, urgent custody dispute, urgent legal applications Urgent Custody Dispute: Analysing C.S.S v O.R (000763/2024) [2024] ZAGPPHC 37 (26 January 2024)A Pivotal Decision on Children’s Removal. Introduction The case of C.S.S v O.R (000763/2024) ZAGPPHC 37 (26 January 2024) was an urgent opposed application brought before the court on 17 January 2024. The Applicant sought the… READ MORE
19/01/2024 Bertus Preller Adversarial Legal System, Children, Parental Rights, Relocation Child Custody, child maintenance, child welfare, Child's Best Interests, children's act, Constitutional Rights, court judgement, custodial parent rights, family advocate report, family court decision, Family Law, family law practice, international child relocation, international family law, International Relocation, Johannesburg High Court, landmark ruling, Legal Analysis, legal precedent, MAHOMED AJ, new case on child relocation, non-custodial parent, parent-child relationship, parental consent, Parental Responsibilities, relocation consent, relocation rights, South African legal system, T.R v S.M Shaping the Future of Family Law: A Pivotal South African Case on Child Relocation – T.R v S.M (035901/2023) [2024] ZAGPJHC 35 (17 January 2024). Facts of the Case Background Parties and Relationship: From 2009 to 2012, T.R (the applicant) and S.M (the respondent) were in a relationship but never married. They had a daughter… READ MORE