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
12/09/2024 Bertus Preller Adversarial Legal System, Alienation, Best Interests of the Child, Children, Divorce, Parental Alienation, Parental Coordinator, Parental Rights, Views of the Child alienating behavior, Child Psychology, child welfare, Child's Best Interests, court intervention, custody disputes, enmeshment, family dynamics, Family Law, legal precedent, parental alienation, psychological assessment, supervised contact, therapeutic intervention Breaking the Cycle: Legal Insights into Parental Alienation in High-Conflict Divorces. Understanding Parental Alienation: Definition and Key Characteristics Parental alienation is a complex psychological phenomenon that can emerge in high-conflict divorce or separation cases, often with devastating consequences for families. It… READ MORE
17/03/2024 Bertus Preller Best Interests of the Child, Children, Guardianship, Hostile Family Lawyers, Parental Rights, Views of the Child bias in evaluations, care and contact disputes, child best interests, child welfare, court reliance on experts, cultural influence, Custody Battles, ethical dilemmas, expert testimony ethics, expert witness objectivity, family dynamics, forensic assessments, forensic social workers, hired gun phenomenon, impartiality in assessments, judicial decisions, Legal Framework, legal outcomes, Legal Standards, mental health impact, peer review panels, professional development, professional integrity, psychological evaluations, Schneider case analysis, subjective interpretation Navigating the Battlefield: Overcoming the ‘Hired Gun’ Phenomenon in Forensic Child Care Assessments. Introduction In a typical case, let us consider a fictional scenario involving a forensic psychologist, Dr. Smith, who is hired to conduct a care and contact assessment for a care… READ MORE
06/03/2024 Bertus Preller Children, Divorce, Parental Rights, Same Sex Couples best interests of the child, Case Law, child care, Child Custody, child welfare, child-centric approach, children's act, constitutional principles, contact arrangements, court decision, expert assessment, Family Advocate, Family Court, family disputes, family dynamics, Family Law, judicial scrutiny, Legal Analysis, legal challenges, Legal Framework, Legal precedents, Legal proceedings, Mediation, mental health, Parental Rights, parenting plan, same-sex couples, South Africa, surrogate motherhood Navigating Complex Family Dynamics: Care and Contact and Expert Assessments in Same-Sex Families Section 23 of the Children’s Act. – DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024). Lekhuleni J. Introduction Section 23 of the Children's Act 38 of 2005 emerged as a critical pillar in the court's analysis, offering a legal avenue for individuals seeking contact or care of… READ MORE
22/02/2024 Bertus Preller Children, Guardianship, Parental Rights, Same Sex Couples adoption, best interests of the child, child care, child development, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Contact rights, Court Rulings, custody rights, emotional well-being, Family Court, family dynamics, Family Law, family structures, foster care, guardianship application, Guardianship Rights, Legal Framework, Legal precedents, legal standing, non-biological guardianship, Parental Responsibilities, psychological assessments, psychological bonds, R.C v H.S.C, stepparent rights, visitation rights Expanding Family Boundaries: Navigating Non-Biological Guardianship Rights – R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219; 2023 (4) SA 231 (GJ). 1. Introduction In this case the High Court delved deeply into the intricacies of guardianship, contact, and care rights under the Children's Act, with a keen focus on the welfare… READ MORE
05/02/2024 Bertus Preller Alimony, Children, Costs, Divorce, Parental Rights, Rule 43 Cost Contributions, Spousal Maintenance bonding therapy, child best interests, child care, Child Custody, Children's Welfare, contact arrangements, contribution to costs, court order, court rulings Rule 43, divorce proceedings, Family Court, family dynamics, Family Law, family law analysis, family law disputes, financial responsibilities, forensic assessment, interim maintenance, judicial fairness, Legal Analysis, legal contributions, Legal Costs, Legal proceedings, legal strategies, maintenance contribution, Parental Responsibilities, Parental Rights, primary residence, South African Family Law, T E v V E, Von Ludwig AJ Navigating Family Dynamics: A Comprehensive Analysis of a Rule 43 Application. – T E v V E (2023/021747) [2024] ZAGPJHC 94 (2 February 2024). Introduction: The Complexity of Rule 43 Applications Rule 43 applications serve as a pivotal yet challenging facet of divorce proceedings, offering a singular affidavit to each litigant to encapsulate a… READ MORE
02/02/2024 Bertus Preller Children, Parental Rights, Relocation, Views of the Child child welfare, Children's Best Interests, Children's Welfare, children's act, Constitutional Rights, court decision, cross-border parenting, custody arrangements, emotional stability, family court decisions, family dynamics, Family Law, family relocation, international custody, international move, judicial considerations, Legal Analysis, Legal Framework, legal guidance, Legal precedents, Legal Strategy, minor children relocation, parental consent, Parental Responsibilities, Parental Rights, relocation cases, shared parenting, travel consent, visitation rights Navigating Family Dynamics: Granting Relocation Orders for Minor Children’s Best Interests. – H F v P F ; In Re: E F and Others (2022/028593) [2024] ZAGPJHC 88 (31 January 2024). Introduction to the Interim Removal Application for Minor Children On 21 June 2023, NDLOKOVANE AJ delivered a pivotal order addressing the contested interim removal of three minor children, aged 14,… READ MORE
31/01/2024 Bertus Preller Children, Guardianship, Parental Rights best interests of the child, Child Custody, child welfare, child-focused decisions, child's wellbeing, Court Decisions, custody assessments, Custody Battles, custody disputes, custody evaluation, custody hearings, family advocacy, Family Court, family dynamics, Family Law, family law case study, family law principles, guardianship, Legal Analysis, legal challenges, legal judgments, Legal precedents, legal responsibilities, parent-child relationship, parental disputes, parental obligations, Parental Rights, parental roles, South African Law Navigating Turbulent Waters: A Case Study on Parental Rights and the Complex Dynamics of Family Law. – G.D v M.M (4809/2022) [2024] ZAGPJHC 65 (29 January 2024) INTRODUCTION The Applicant's Request: The applicant sought an order to be declared the sole holder of parental responsibilities and rights concerning guardianship and care of the minor child. This included… READ MORE
20/01/2024 Bertus Preller Children, Divorce, Parental Rights, Relocation A.D.B v B.A.K, best interests of the child, Child Relocation, child welfare, court decision, custodial parent, custody disputes, custody rights, emotional impact, emotional wellbeing, family courts, family dynamics, Family Law, family law principles, International Relocation, Judge Mossop J, judicial decision-making, legal challenges, legal considerations, Legal precedents, non-custodial parent, parent-child relationship, parental consent, Parental Responsibilities, Parental Rights, parenting plan, relocation disputes, South Africa, welfare of the child Navigating the Complexities of Child Relocation Cases in South African Family Law. – A.D.B v B.A.K (15944/22P) [2023] ZAKZPHC 1. – (9 January 2023). The case of A.D.B v B.A.K, presided over by Judge Mossop J, involved intricate family law matters pertaining to the relocation of a minor child. The core issue was the… READ MORE