15/06/2025 Bertus Preller Best Interests of the Child, Birth certificate amendment, Children, Children born outside marriage, DNA testing, Paternity confirmation administrative justice, BADRA, best interests of child, birth certificate amendment, birth registration, Births and Deaths Registration Act, Centre for Child Law, children born outside marriage, children's rights, Constitutional Rights, deportation interdict, dignity rights, DNA testing, family law South Africa, family recognition, High Court paternity, immigration law, legal precedent, maternal consent, PAJA, Parental Rights, paternity confirmation, permanent residence, population register, section 11(5), unmarried fathers, Western Cape High Court DNA Not Required: High Court Rules Fathers Don’t Need Genetic Testing After Paternity Confirmed – V.K and Another v Minister of Home Affairs and Others (21886/2023) [2025] ZAWCHC 219 (26 May 2025). The Facts: A Father's Fight for Recognition This case centers on V.K., a Zambian citizen who entered South Africa on a visitor's visa, and his South African partner S.M. The… READ MORE
15/06/2025 Bertus Preller Best Interests of the Child, Children, Children's Court, Costs, Holiday Travel, Parental Rights, Procedure, Reunification, Temporary Safe Care AC Cilliers Law of Costs, best interests principle, biological father access, child access rights, child custody disputes, children's court authority, Children’s Act 38 of 2005, Christmas access disputes, costs in family matters, D.G.S.F v M.F case, emotional psychological problems children, family law South Africa, foster care arrangements, Free State High Court, gradual reunification, High Court jurisdiction, leave of absence children, legal costs children matters, magistrate's court jurisdiction, procedural failures, reunification process, section 168 Children's Act, section 187 Children's Act, section 46 Children's Act, social worker reports, temporary safe care, upper guardianship powers, urgent applications, Van Zyl J Father’s Festive Season Bid Fails: High Court Lacks Jurisdiction in Children’s Court Matters – JHG v GWH and Another (7147/2024) [2025] ZAFSHC 133 (7 May 2025). Case Overview: JHG v GWH and Another In the matter of JHG v GWH and Another (7147/2024) ZAFSHC 133 (7 May 2025), the High Court of South Africa, Free State… READ MORE
10/06/2025 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Divorce, Guardianship, International Travel, Maintenance, Muslim Marriages, Parental Coordinator, Parental Rights, Procedural Law, Relocation best interests of child, child psychology relocation, child relocation South Africa, Children’s Act 38 of 2005, constitutional family law, contact arrangements international, cross-border parenting, custodial parent rights, divorce relocation orders, expert witness family law, F v F constitutional rights, Family Advocate reports, family law South Africa, freedom of movement parents, gender discrimination family law, gender equality family court, international custody disputes, international relocation disputes, Jackson v Jackson precedent, KwaZulu-Natal High Court, maintenance obligations relocation, mirror orders international, non-custodial parent contact, parental alienation allegations, parental consent relocation, passport consent children, Portugal relocation case, primary caregiver rights, visa requirements minors Breaking the Shackles: How W.S v N.V (D376/2020; D1062/2021) [2025] ZAKZDHC 35 (6 June 2025) Transformed South African Child Relocation Law and Gender Rights. The Facts: A Family Torn Between Two Continents This case presents a deeply personal yet legally complex dispute that unfolded over several years, illustrating the profound challenges faced by divorced… READ MORE
15/05/2025 Bertus Preller Costs, Interim Maintenance, Maintenance, Maintenance Claims On Death, Marriage, Surviving Spouse, Wills Administration of Estates Act, deceased estates law, estate administration, estate shortfall, executor duties, executor powers, family law South Africa, financial means assessment, financial self-sufficiency, Free State High Court, interim maintenance, interim maintenance claim, Liquidation and Distribution account, maintenance claim evidence, maintenance claim rejection, maintenance needs proof, Maintenance of Surviving Spouses Act, Savvas case, South African inheritance law, surviving spouse maintenance, surviving spouse rights, testamentary freedom, widow's financial position, widow's rights South Africa Financial Self-Sufficiency Defeats Widow’s Maintenance Claim: Savvas v Savvas N.O and Others (1969/2024) [2025] ZAFSHC 115 (7 April 2025). Background: The Maintenance Claim of a Surviving Spouse In the recent judgment of Lynette Savvas v George Michael Savvas N.O and Others (1969/2024) ZAFSHC 115 (7 April 2025), the Free… READ MORE
21/04/2025 Bertus Preller Division of Estate, Divorce, Forfeiture of Benefits, Pension Funds, Recission of Divorce Orders community of property, court discretion, divorce act section 9, divorce costs, divorce judgment, divorce proceedings, divorce settlements, extramarital affairs, family law South Africa, financial abuse marriage, financial misconduct, Forfeiture of benefits, Gauteng High Court, High Court Judgment, justice kooverjie, legal precedent, Marital Assets, marriage breakdown, matrimonial property, partial rescission, pension claims, Pension Forfeiture, pension interests divorce, Property Division, South African divorce law, spousal misconduct, substantial misconduct, undue benefit, wijker test Marriage Misconduct Costs Husband Dearly: Court Orders Forfeiture of Property and Pension Benefits in M.J.L v L.O.L (22341/19; A288/2023) [2025] ZAGPPHC 331 (27 March 2025). Background: The Marriage and Subsequent Divorce Proceedings The recent High Court judgment in M.J.L v L.O.L (22341/19; A288/2023) ZAGPPHC 331 (27 March 2025) provides valuable insights into how South African… READ MORE
30/10/2024 Bertus Preller Best Interests of the Child, Children, Maintenance, Paternity Fraud best interests of child, biological father, child maintenance, child rights, child support, child welfare, children's act, condictio indebiti, Constitutional Rights, court order, DNA evidence, DNA testing, enrichment claims, family bonds, Family Court, family law South Africa, family relationships, fraud claims, Judicial Discretion, legal duty, legal precedent, maintenance claims, maintenance recovery, marriage law, misattributed paternity, Parental Rights, paternity dispute, paternity fraud, paternity testing, Psychological Impact, WhatsApp evidence From Dad to Duped: South Africa’s Legal Dance with Paternity Fraud and the Quest for Truth. Understanding Paternity Fraud in South Africa: What You Need to Know Paternity fraud occurs when a mother, knowing or suspecting the truth, deliberately misidentifies a man as her child's biological… READ MORE
14/03/2024 Bertus Preller Divorce Statistics child welfare divorce, cultural impact divorce, divorce age South Africa, divorce children impact, divorce counseling support, divorce economic effects, divorce family support, divorce interventions, divorce legal support, divorce policy implications, divorce population groups, divorce prevention strategies, divorce rate increase, divorce recovery strategies, divorce societal consequences, divorce statistics South Africa, divorce trends 2022, early years marriage divorce, emotional impact divorce, family law South Africa, financial independence divorce, gender disparity divorce, gender roles divorce, marital breakdown South Africa, marital dissolution South Africa, societal change divorce, societal norms divorce, South Africa family dynamics, women initiators divorce The Latest Divorce Statistics in South Africa – Released by Stats SA on 14 March 2024. The institution of marriage, with all its complexities, continues to be a central pillar of society, providing a framework for family life, social stability, and individual fulfillment. However, not all… READ MORE