26/05/2026 Bertus Preller Best Interests of the Child, Children, Children's Court, Custody, Economic precarity, Family Advocate, Jurisdiction of convenience, Ordinary residence of child, Primary residence dispute, Psychological vulnerability, Relocation, Section 28 Constitution, Section 29 Children's Act, Unilateral relocation best interests of the child, BLFM v GJM, child relocation Eastern Cape, Contact rights, Coopers v Deutsche Gesellschaft, custody and care, economic precarity, expert evidence family law, Family Advocate recommendation, family law South Africa, FS v JJ, Gauteng Division Johannesburg, High Court jurisdiction children, JS v WF, judicial discretion best interests, jurisdiction of convenience, MV Pasquale Della Gatta, NAN v CN, ordinary residence of child, parental rights and responsibilities, primary residence dispute, psychological vulnerability, relocation dispute, section 20 Children's Act, section 21 Children's Act, section 28(2) Constitution, Section 29 Children's Act, SH v MLH, Wilson J judgment Jurisdiction Is Not a Border Post: Section 29 of the Children’s Act Reconsidered in H.M.M v D.M (2025/140422) [2026] ZAGPJHC 506 (19 May 2026). The Facts: A Relocation, an Expert Report, and a Jurisdictional Challenge The applicant, HMM, and the respondent, DM, were in a relationship for seven years and lived together for much… READ MORE
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
27/07/2025 Bertus Preller Children, Inter-provincial custody, Parental Rights, Procedural Law, Relocation, Section 16(3) Superior Courts Act, Unilateral relocation appellate jurisdiction family law, best interests of child, care and contact arrangements, child custody disputes, child relocation law, co-parenting disputes, constitutional law children, curator ad litem, custody appeals, educational stability custody, expert evidence family law, Family Advocate, family law appeals, family law South Africa, high conflict parents, inter-provincial custody, interim custody orders, interim orders appealability, matrimonial proceedings, parental responsibilities and rights, parenting coordinators, play therapy children, section 16(3) Superior Courts Act, Section 28 Constitution, shared residence arrangements, therapeutic intervention custody, unilateral relocation, Western Cape High Court Unilateral Relocation and Shared Custody: Lessons from M.D.P v W.T.P and Another (Appeal) (A139/2024) [2025] ZAWCHC 300 (17 July 2025). Factual Matrix: Unilateral Relocation and the Breakdown of Co-Parenting The dispute in this matter arose from a sequence of events that illustrates the profound consequences of unilateral decision-making in family… READ MORE