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
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
23/12/2024 Bertus Preller Abduction, Appeal, Best Interests of the Child, Children, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Parental Alienation, Parental Rights, Procedure, Relocation Article 13(b), Australian courts, Central Authority, child abduction, child protection, child rights, child welfare, children's act, Constitutional Challenges, cross-border parenting, custody proceedings, domestic violence, Expeditious Proceedings, Family Advocate, grave risk defence, Hague Convention, international child return, international family law, international obligations, Judicial Discretion, judicial separation, legal precedent, Parental Rights, procedural delays, Protective Measures, South Africa, South African jurisdiction, Supreme Court of Appeal, time limits, undertakings, urgent applications When Time is Not on Your Side: Supreme Court Issues Urgent Warning on Hague Convention Delays in N M v Central Authority for Republic of South Africa and Another [2024] ZASCA 178 (19 December 2024). Introduction: A Child's Journey Between Two Continents The Supreme Court of Appeal recently delivered a landmark judgment in N M v Central Authority for Republic of South Africa and Another… READ MORE