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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…

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The Financial Information Gap in Family Law: Addressing Inequities and Reforming Disclosure Practices.

The Financial Information Gap: Understanding the Core Problem in Family Law Matters The landscape of family law in South Africa faces a critical challenge rooted in the asymmetrical access to…

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Comparative Analysis: South African, English, Australian, and French Law on Parental Responsibility, Relocation, and Child Abduction.

Parental Responsibility South Africa: Governed by Chapter 3 of the Children’s Act 38 of 2005, parental responsibilities and rights include care, contact, guardianship, and maintenance. These responsibilities are automatic for…

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Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024).

Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the…

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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…

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From WhatsApp to Whoops: How Digital Messages and a Virtual Oath Transformed Paternity Law in VJS v SH (19578/2024) [2024] ZAWCHC 333: Can You Zoom Your Way to Justice?

Background: A Paternity Dispute Emerges from WhatsApp Messages In a significant judgment from the Western Cape High Court, a project manager working at the US Embassy in Pakistan sought to…

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Attorney’s WhatsApp Blunder Costs Fees in Shared Residency Battle – P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046.

Shared Residency: Not Always the Default Solution for Divorced Parents In a groundbreaking judgment delivered by Acting Judge Haupt in P.V.Z v L.V.Z (047502/2024; 36830/2022; 064524/2023) ZAGPPHC 1046, the Gauteng…

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Contempt of Court: V.T.H v E.W (7333/2024) [2024] ZAWCHC 310 – (14 October 2024) – Upholds Sanctity of Maintenance Orders.

Background: The Breakdown of a Family and a Court Order The case of V.T.H v E.W (7333/2024) ZAWCHC 310 (14 October 2024) sheds light on the complex aftermath of a…

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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…

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Deception Exposed: L A C v J C [2024] ZAWCHC 143 – (9 September 2024) – Unmasks Fraud in Divorce Settlement Shocker.

The Crux of the Case The crux of the case in L A C v J C and Others ZAWCHC 143 was whether the plaintiff could pursue a separate action…

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