19/11/2024 Bertus Preller Adversarial Legal System, Appeal, Best Interests of the Child, Children, Coercive Control, Conduct of Childcare Experts, Costs, Divorce, Family Law Court System South Africa, In Community of Property, Marital Regimes, Pacta sunt servanda, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation, Settlement agreements, Shared Residency best interests of child, breastfeeding rights, Child Custody, children's rights, children's act, Constitutional Rights, costs order, custody agreement, custody battle, divorce proceedings, divorce settlement, Family Advocate, family advocate recommendations, Family Court, Family Law, financial coercion, joint estate, Judicial Discretion, legal precedent, matrimonial property, Medupi Power Station, Parental Rights, parenting plan, Primary Caregiver, primary residence, settlement agreement, South African courts, Supreme Court of Appeal, unilateral relocation, upper guardian When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024). Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the… READ MORE
07/10/2024 Bertus Preller Best Interests of the Child, Children, International Travel, Relocation Australia, best interests, bona fide decision, Child Custody, children's act, Custodian Parent, Family Advocate, Family Law, International Relocation, Jackson v Jackson, Parental Rights, reasonable contact, relocation, South Africa Relocation Triumph: Mother’s Move to Australia Approved in A.J v F.J (2024/001162) [2024] ZAGPJHC 997. (4 October 2024). Background: The Divorced Couple's Relocation Dispute The case of A.J v F.J (2024/001162) ZAGPJHC 997 (4 October 2024) revolves around a divorced couple's dispute over the relocation of their two… READ MORE
29/08/2024 Bertus Preller Adversarial Legal System, Appeal, Children, Costs, Divorce, Procedural Law, Rule 43, Rule 58 appealability, civil procedure, divorce proceedings, Family Advocate, Family Law, High Court, interests of justice, interlocutory orders, irreparable harm, judicial economy, magistrates court, Rule 58, Rule 60A, South Africa Family Law Feud: High Court Strikes Down Appeal in M.K v M.K (A2023/123739) [2024] ZAGPJHC 829 – (28 August 2024) Background: A Divorce Case and an Irregular Step Application The case of M.K v M.K (A2023/123739) ZAGPJHC 829 (28 August 2024) revolves around a divorce proceeding and an application made… READ MORE
21/08/2024 Bertus Preller Adversarial Legal System, Alternative Dispute Resolution, Best Interests of the Child, Children, Costs, Family Law Court System South Africa, Joint Decision Making, Parental Coordinator, Schools, Urgency Alternative Dispute Resolution, attorney-client scale, best interests of the child, Child Custody, co-parenting, communication skills, costs order, facilitative mediation, Family Advocate, legal precedent, Mediation, parenting coordinator, Rule 41A, school choice, Self-Created Urgency, South African Family Law, Uniform Rules of Court, urgent court application, Western Cape High Court Urgent Co-Parenting Battles: A Lesson in Patience from D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024). Background: A Preschool Predicament In the Western Cape High Court case of D.D v I.L and Another (16939/2024) ZAWCHC 215 (20 August 2024), we encounter a poignant example of how… READ MORE
08/08/2024 Bertus Preller Abuse, Adversarial Legal System, Best Interests of the Child, Children, Domestic Violence, Holiday Travel, International Travel, Relocation, Views of the Child best interests of child, child welfare, children's act, co-parenting, court order, custody rights, Divorce, Family Advocate, Family Court, Immigration Act, international travel, judicial interpretation, Legal Guardianship, minor's travel, parental consent, Parental Rights, parenting plan, South African Law, travel regulations Navigating Parental Consent for International Travel: Insights from J.S v R.S (4146/24) [2024] ZAWCHC 199 (2 August 2024) Background: A Battle Over Holiday Travel with a Minor Child In the recent Western Cape High Court case of J.S v R.S (4146/24) ZAWCHC 199 (2 August 2024), Acting Justice… READ MORE
12/07/2024 Bertus Preller Best Interests of the Child, Children, Grandparents Rights, Guardianship, Parental Rights appellate interference, best interests of child, Children’s Court, children's act, Contact rights, court order, Family Advocate, Family Law, fraud, grandparental rights, High Court Judgment, K.R.S v C.L, legal principles, mistake, Parental Rights, rescission application, Section 23 application, settlement agreement, South Africa, void ab initio Grandparent Rights Upheld: High Court Rejects Father’s Bid to Rescind Contact Order in K.R.S v C.L (A186/2023) [2024] ZAGPPHC 627(21 June 2024). Background: The Children's Court Order and Family Dynamics The case of K.R.S v C.L (A186/2023) ZAGPPHC 627 stems from a complex family dispute involving a father, his children's maternal grandmother,… READ MORE
17/06/2024 Bertus Preller Appeal, Best Interests of the Child, Children, Parental Rights, Procedure appealable order, best interests of children, care assessment, Case No: 3358/2024, children's act, contact assessment, DR v NM and RL, Family Advocate, Girdwood v Girdwood, interlocutory order, Kotze v Kotze, leave to appeal, Minor Children, parenting plan, S v Notshokovu, Superior Courts Act, Supreme Court ActDR v NM and Another (3358/2024) [2024] ZAWCHC 69 - (7 June 2024), Tshwane City v Afriforum, upper guardian, Western Cape High Court DR v NM and RL: Western Cape High Court Upholds Best Interests of Children in Dismissing Leave to Appeal of DR v NM and Another (3358/2024) [2024] ZAWCHC 69 – (7 June 2024). Introduction In a recent judgment, the Western Cape High Court dismissed an application for leave to appeal brought by the first respondent against an order directing the Office of the… READ MORE
21/05/2024 Bertus Preller Best Interests of the Child, Children, Parental Rights, Procedure, Relocation, Schooling, Urgency, Views of the Child best interests of the child, child contact, child welfare, children's act, court order, court procedure, Divorce, East Rock Trading, Family Advocate, Family Law, Grootboom case, High Court, Johannesburg, judicial oversight, Legal Framework, legal principles, Mediation, Parental Rights, Procedural Compliance, procedural rules, relocation disputes, settlement agreement, shared custody, Uniform Rule 6(12), urgency test, urgent child relocation, Western Cape, ZAWCHC E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132: Implications for Urgent Child Relocation Applications. Background and Context of E.L.B v A.V.M (7521/24) ZAWCHC 132 The Western Cape Division of the High Court of South Africa was tasked with resolving a highly contentious and urgent… READ MORE
20/05/2024 Bertus Preller Best Interests of the Child, Children, Guardianship, Parental Rights, Procedural Law, Procedure, Schooling abuse of process, best interests of the child, biological parents, care and contact, child contact, Child Custody, children's act, consanguinity, costs order, court's discretion, Family Advocate, M M v N M and Others, minor child, Mukaddam v Pioneer Foods, Parental Responsibilities, Parental Rights, third-party rights, Uniform Rule 6(12)(b), urgent applications The Limits of Third-Party Rights in Child Contact: P.D and Another v A.R and Another (D779/2023) [2024] ZAKZDHC 27 (17 May 2024). Background of the case The case of P.D and Another v A.R and Another (D779/2023) ZAKZDHC 27 (17 May 2024) involved an unusual set of facts. The applicants, who were… READ MORE
07/05/2024 Bertus Preller Adversarial Legal System, Child Maintenance, Costs, Financial Disclosure, Maintenance, Procedure, Rule 43 094387/23, 2024, abuse of process, Arrear Maintenance, case law interpretation, contact arrangements, costs order, dismissal, divorce proceedings, expeditious decision, Family Advocate, financial position, Gauteng Division, High Court, inexpensive resolution, interim relief, just decision, lengthy affidavits, M.N v A.L.N, maintenance, Minor Children, Pretoria, Rule 43 Application, rule amendments, Rules Board, South African Law, status quo M.N v A.L.N (094387/23) [2024] ZAGPPHC 402 (22 April 2024): High Court Dismisses Lengthy Rule 43 Application as an Abuse of Process. Background of the Rule 43 Application In the case of M.N v A.L.N (094387/23) ZAGPPHC 402 (22 April 2024), the applicant launched a Rule 43 application on 27 November 2023,… READ MORE