07/08/2025 Bertus Preller Abuse, Adversarial Legal System, Child Bullying, Child protection, Children, Children's Court, Conduct of Childcare Experts, constitutional rights of children, Contempt of Court, Costs, Curator Ad Litem, Emotional Abuse, Family reunification, Grandparents Rights, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, Hostile Family Lawyers, Joint Decision Making, Parental Alienation, Parental Coordinator, Parental Rights, Punitive Cost Orders, Reunification, Reunification therapy, Section 28 Constitution, Views of the Child AB-PA, attachment-based parental alienation, Australian parenting orders, best interests of the child, child’s rights, children’s act, co-parenting programs, contempt enforcement, curator ad litem, custody variation, differential diagnosis, emotional abuse, expert evidence, Family Advocate inquiries, forensic psychologist, interim orders, international comparison, legislative reform, multi-disciplinary approach, parental alienation, parenting coordinator, preventive education, psychological assessment, reunification therapy, Rule 43 applications, South African Family Law, supervised contact, therapeutic court orders, UK CAFCASS model, US friendly parent factor Parental Alienation in South African Family Law: Legal Framework, Case Analysis, and Comparative Perspectives. Introduction Parental alienation has emerged as one of the most heart-wrenching dilemmas in South African family law, surfacing with alarming frequency in high-conflict divorces and custody battles. At its core,… 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
06/05/2025 Bertus Preller Best Interests of the Child, Children, Guardianship, Immigration, International Family Law, International Travel, Relocation, Shared Residency, Views of the Child armed conflict, best interests of child, children's act, constitutional principle, cross-border custody, deportation, expert evidence, family support, gender considerations, geopolitical factors, High Court Johannesburg, immigration status, International Relocation, Israel conflict, Jackson v Jackson, joint parenting, Judicial Discretion, military conscription, neutral approach, Parental Responsibilities, relocation criteria, safety concerns, Section 28 Constitution, Senyatsi J, South African Family Law, T.R.S.T v U.A.R, value-judgment “Best Interests Prevail: Court Rejects Child Relocation to War-Torn Israel in T.R.S.T v U.A.R and Others (019086/2023) [2025] ZAGPJHC 399 (14 April 2025)”. Introduction to T.R.S.T v U.A.R: A Relocation Application to Israel The recent case of T.R.S.T v U.A.R and Others (019086/2023) ZAGPJHC 399 (14 April 2025) presented the Gauteng Division of… READ MORE
17/03/2025 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Costs, Guardianship, Relocation 2025 ZAKZPHC 26, best interests of the child, Child Relocation, Children’s Act 38 of 2005, consent order rejection, Contact rights, court discretion, custody dispute, D.R.R v S.D.R, expert evidence, F v F, Family Advocate, Family Law, High Court South Africa, Johannesburg vs Pietermaritzburg, KwaZulu-Natal Division, legal precedent, Mossop J, parental alienation, Parental Rights, primary care, psychological reports, sibling separation, sibling unity, South African Law, Terblanche v Terblanche, upper guardian, Van der Linde case, ZDE v CE Divided No More: Sibling Unity Triumphs in D.R.R v S.D.R and Another (8947/2022P) [2025] ZAKZPHC 26 (13 March 2025). Background of the Family Dispute In the matter of D.R.R v S.D.R and Another (8947/2022P) ZAKZPHC 26 (13 March 2025), heard in the High Court of South Africa, KwaZulu-Natal Division,… READ MORE
23/01/2025 Bertus Preller Best Interests of the Child, Children, Parental Rights, Same Sex Couples best interests of child, blended families, child welfare, children's rights, children's act, Civil Union Act, Constitutional Rights, contact arrangements, Contact rights, court appointed experts, custody arrangements, drug assessment, educational evidence, expert evidence, Family Advocate, Family Court, Family Law, family relationships, joint custody, joint expert minute, Judicial Discretion, legal precedent, Parental Rights, psychiatric evaluation, Same-Sex Marriage, South African Law, surrogacy, teacher testimony, upper guardian, Western Cape High Court Best Interests of Children Triumph Over Expert Recommendations: D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025). Introduction: A Modern Family's Legal Journey in the Western Cape High Court In a landmark judgment delivered electronically on 23 January 2025, the Western Cape High Court grappled with complex… READ MORE
20/01/2025 Bertus Preller Best Interests of the Child, Children, Curator Ad Litem, Grandparents Rights, Guardianship, International Travel, Relocation, Views of the Child best interests of the child, child welfare, Children’s Act 38 of 2005, children’s rights, co-guardianship, cultural identity, curator ad litem, expert evidence, Family Advocate, family dynamics, family law judgment, financial stability, guardianship, guardianship disputes, high-conflict disputes, JB J v EH B, Judicial Discretion, legal precedent, Legal Representation, LR J and Another case, Parental Responsibilities, Parental Rights, relocation, relocation applications, relocation to Scotland, South African Family Law, stability in family law, supervised contact, supervised reintegration, trust funds Guardianship and Relocation Disputes in Focus: LR J and Another; In Re: JB J v EH B and Others (2024-024281) [2025] ZAGPJHC 11 (14 January 2025. Introduction to the Case: Background and Legal Context The case LR J and Another; In Re: JB J v EH B and Others (2024-024281) ZAGPJHC 11 (14 January 2025) highlights… 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
07/11/2024 Bertus Preller Abuse, Defamation, Domestic Violence, Malicious Prosecution, Physical Abuse actio iniuriarum, Aquilian action, bail conditions, Case Law, civil damages, civil litigation, constitutional damages, court judgments, Court Procedures, criminal allegations, damages quantum, defamation law, divorce consequences, expert evidence, false allegations, false criminal charges, Judicial Discretion, Justice Gamble, Legal Costs, Legal Fees, legal precedent, legal principles, legal remedies, malicious prosecution, non-patrimonial damages, patrimonial loss, psychological damage, pure economic loss, reputational damage, South African courts, Western Cape High Court Defamation Disaster: From Love at Sea to Legal Storm – Court Awards R665K in G.C v J.C and Others (14205/2014) [2024] ZAWCHC 354. Background: From Marriage to Malicious Charges In what reads like a script from a dramatic courtroom series, the tale of an Italian cruise ship head waiter and a South African… READ MORE
24/08/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Antenuptial Contracts, Commencement Values, Divorce, Trusts accrual system, Antenuptial Contract, asset dissipation, asset valuation, binding declarations, business entities, classic car valuation, commencement value, constitutional challenge, contractual interpretation, Divorce, expert evidence, expert testimony, financial disclosure, forensic accounting, High Court, High-net-worth divorce, legal precedent, matrimonial property, Matrimonial Property Act, Property Valuation, related-party transactions, South African Law, Trust assets Conclusive Commencement: Manelis v Manelis (32624/2015) [2022] ZAGPJHC 880 – Reshapes Antenuptial Contract Interpretation. Background: The High-Stakes Divorce Battle The Manelis case, heard in the Gauteng Local Division of the High Court of South Africa, revolves around a contentious divorce action where the parties… READ MORE
01/06/2024 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Guardianship, Parental Rights, Relocation, Views of the Child best interests of the child, child development, Child Relocation, child's views, Children’s Act 38 of 2005, clinical psychologist, co-parenting, competing interests, counselling psychologist, emotional well-being, expert evidence, Family Law, landmark decision, meaningful relationship, non-relocating parent, Parental Rights, parenting plan, reasonableness of relocation, relocating parent, relocation application, relocation assessment, relocation dispute, relocation factors, relocation hearing, relocation judgment, relocation order, section 28(2) Constitution, shared parenting, urgent relief V.L v F.N (4760/2024) [2024] ZAWCHC 146 (30 May 2024) – A Court Decision in Family Law on Child Relocation. Introduction In the recent case of V.L v F.N (4760/2024) ZAWCHC 146, delivered on 30 May 2024, the Western Cape High Court was faced with a complex and emotionally charged… READ MORE