18/07/2025 Bertus Preller Best Interests of the Child, Children, Children's Court, constitutional rights of children, Divorce, Family reunification, Hague Convention on the Civil Aspects of International Child Abduction, International Travel, Parental Alienation, Relocation, Reunification, Section 28 Constitution best interests of child, child abduction risk, child welfare, child's voice, children's act, contact arrangements, cross-border custody, custody dispute, custody evaluation, custody proceedings, expert evidence, Family Advocate, family court judgment, family law South Africa, habitual residence, interim custody, international child custody, international divorce, international family law, international jurisdiction, Mirror Orders, non-Hague country, Parental Abduction, parental coaching, Parental Rights, psychological assessment, Qatar family law, relocation application, Western Cape High Court When Borders Divide Families: M.K v A.J.K (11407/2023) [2025] ZAWCHC 288 (7 July 2025) – International Child Custody and the Qatar Dilemma. Factual Background: When Divorce Proceedings Cross International Borders This matter exemplifies the complex legal and practical challenges that arise when families with established lives in foreign jurisdictions face marital breakdown.… 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
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