26/12/2024 Bertus Preller Abduction, Adoption, Alienation, Best Interests of the Child, Children, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, International Family Law, International Travel Australian family law, best interests of the child, child abduction, Child Custody, Child Relocation, child welfare, child’s views in family law, children’s act, comparative law, cross-border family disputes, Custody Battles, English family law, Family Advocate, Family Law, family law frameworks, family law reform, family mediation, Fletcher v Fletcher, French family law, Hague Convention, International Child Abduction, joint parental responsibility, legal aid in family law, parental authority, parental responsibility, Parental Rights, relocation disputes, relocation with children, sibling unity, South African Family Law Comparative Analysis: South African, English, Australian, and French Law on Parental Responsibility, Relocation, and Child Abduction. Parental Responsibility South Africa: Governed by Chapter 3 of the Children’s Act 38 of 2005, parental responsibilities and rights include care, contact, guardianship, and maintenance. These responsibilities are automatic for… 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
17/03/2024 Bertus Preller Best Interests of the Child, Children, Guardianship, Hostile Family Lawyers, Parental Rights, Views of the Child bias in evaluations, care and contact disputes, child best interests, child welfare, court reliance on experts, cultural influence, Custody Battles, ethical dilemmas, expert testimony ethics, expert witness objectivity, family dynamics, forensic assessments, forensic social workers, hired gun phenomenon, impartiality in assessments, judicial decisions, Legal Framework, legal outcomes, Legal Standards, mental health impact, peer review panels, professional development, professional integrity, psychological evaluations, Schneider case analysis, subjective interpretation Navigating the Battlefield: Overcoming the ‘Hired Gun’ Phenomenon in Forensic Child Care Assessments. Introduction In a typical case, let us consider a fictional scenario involving a forensic psychologist, Dr. Smith, who is hired to conduct a care and contact assessment for a care… READ MORE
31/01/2024 Bertus Preller Children, Guardianship, Parental Rights best interests of the child, Child Custody, child welfare, child-focused decisions, child's wellbeing, Court Decisions, custody assessments, Custody Battles, custody disputes, custody evaluation, custody hearings, family advocacy, Family Court, family dynamics, Family Law, family law case study, family law principles, guardianship, Legal Analysis, legal challenges, legal judgments, Legal precedents, legal responsibilities, parent-child relationship, parental disputes, parental obligations, Parental Rights, parental roles, South African Law Navigating Turbulent Waters: A Case Study on Parental Rights and the Complex Dynamics of Family Law. – G.D v M.M (4809/2022) [2024] ZAGPJHC 65 (29 January 2024) INTRODUCTION The Applicant's Request: The applicant sought an order to be declared the sole holder of parental responsibilities and rights concerning guardianship and care of the minor child. This included… READ MORE
20/01/2024 Bertus Preller Abuse, Alienation, Children, Relocation Abduction Cases, Abductor Location, Central Authority, Child Participation, child protection, child welfare, Child’s Best Interests, cross-border custody, Custody Battles, custody disputes, domestic violence, Expeditious Proceedings, Family Law, Hague Application, Hague Convention, International Child Abduction, International Cooperation, Interpol Assistance, Judicial Proceedings, legal challenges, Legal Framework, Legal Reforms, Legal Representation, Mirror Orders, Parental Abduction, Parental Rights, Return Orders, South Africa, South African courts NAVIGATING THE COMPLEXITIES OF INTERNATIONAL CHILD ABDUCTION IN SOUTH AFRICA: LEGAL PERSPECTIVES, CHALLENGES, AND CASE LAW ANALYSIS. INTRODUCTION The escalating global issue of international child abduction has significant implications within the South African legal framework. This analysis delves into South Africa's approach to addressing and implementing key… READ MORE