01/11/2025 Bertus Preller Abuse, Best Interests of the Child, Children, Conduct of Childcare Experts, Interlocutory applications, Motion proceedings, Parental Alienation, Parental Rights, Plascon Evans Rule, Procedural Law, Procedure, Referral to trial, Rule 6(5)(g), Sexual Abuse, Sexual Abuse Allegations abuse of process, child contact disputes, Children's Best Interests, Children’s Act 38 of 2005, coaching of child, court as upper guardian, credibility assessment, custody and access, Dispute of Fact, expert evidence family law, expert witness requirements, family advocate report, forensic psychologist report, interlocutory applications, judicial investigation children, motion proceedings, onus of proof family law, Parental Rights, Plascon-Evans rule, referral to trial, room hire principle, Rule 6(5)(g), section 28 best interests, sexual abuse allegations, shared parenting arrangements, South African Family Law, supervised contact, suspension of contact rights, unsubstantiated allegations Unproven Abuse Allegations and Expert Evidence: When Courts Reject Referral to Trial in Child Contact Disputes – C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025). The Factual Matrix: Allegations of Sexual Abuse and Protracted Litigation The case of C.N v I.G.R (D6383/2024) ZAKZDHC 68 (28 October 2025) presents a troubling factual scenario that will resonate… READ MORE
03/11/2023 Bertus Preller Alimony, Arrears, Costs, Divorce, Maintenance, Spousal Maintenance Arrear Maintenance, Arrear maintenance enforcement, Dispute of Fact, Enforcement, Execution against pension, Family Law, High Court maintenance ruling, Interest Calculation, Legal claim on retirement assets, legal precedent, magistrates court, Maintenance Act, Maintenance beneficiary rights, Non-Variation Clause, Pension as maintenance security, Pension fund execution, Pension Funds, Retirement fund attachment, Section 27, settlement agreement, South Africa maintenance law, South African High Court, Writ of Execution Securing Maintenance Dues: High Court Asserts Authority to Attach Retirement Funds for Arrear Payments in South Africa. I.K.L v S.E.L and Others (11212 / 2013) ZAGPJHC 1235 (26 October 2023) Summary of the Case Facts of the Case The crux of the case revolves around the enforcement… READ MORE