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
15/03/2024 Bertus Preller Best Interests of the Child, Parental Rights, Relocation Australia, Child Custody, child welfare, child's preference, Child's Best Interests, court decision, cross-border custody, cultural integration, Custodian Parent, custody agreement, educational impact, expert evidence, Family Advocate, Family Court, France, Hague Convention, International Relocation, judicial analysis, legal dispute, legal precedent, legal principles, non-custodial parent, parental consent, parental plans, Parental Rights, psychological evaluation, relocation guidelines, RH v NM, South African Family Law Navigating the Waters of International Child Relocation: A Legal Deep Dive into R.H v N.M (12871/2021) [2024] ZAWCHC 77 (11 March 2024). Navigating International Custody Disputes: Insights from RH v NM In the matter of RH v NM, the Western Cape High Court delved into a complex international custody dispute, providing significant… READ MORE
09/02/2024 Bertus Preller Costs, Division of Estate, Divorce, In Community of Property, International Divorce, International Divorce, Liquidator, Marital Regimes, Procedural Law Antenuptial Contract, Bertus Preller, cross-border marriage, divorce proceedings, expert evidence, F. Bezuidenhout AJ, financial disclosure, foreign marriage, full disclosure, immediate division, international private law, landmark case, legal precedent, legal principles, Lex Domicilii Matrimonii, matrimonial consequences, matrimonial disputes, matrimonial domicile, matrimonial law, matrimonial property, Matrimonial Property Act, MPA, new case, new judgement, procedural law, Rule 36(9), Rule 43 applications, South African Law, Substantive Law Deciphering L.E v L.A (1884/2018) [2024] ZAGPJHC 104 (9 February 2024): A Landmark Case on Foreign Marriages and South African Property Law. – 9 February 2024. Introduction to the Case In a landmark decision that navigates the intersection of matrimonial law and international private law, the High Court of South Africa, Gauteng Division, Johannesburg, was presented… READ MORE