26/12/2024 Bertus Preller Abduction, Adoption, Alienation, Best Interests of the Child, Children, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, International Family Law, International Travel Australian family law, best interests of the child, child abduction, Child Custody, Child Relocation, child welfare, child’s views in family law, children’s act, comparative law, cross-border family disputes, Custody Battles, English family law, Family Advocate, Family Law, family law frameworks, family law reform, family mediation, Fletcher v Fletcher, French family law, Hague Convention, International Child Abduction, joint parental responsibility, legal aid in family law, parental authority, parental responsibility, Parental Rights, relocation disputes, relocation with children, sibling unity, South African Family Law 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… READ MORE
07/12/2024 Bertus Preller Accomodation, Alimony, Arrear Maintenance Variation, Arrears, Children, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance, Variation Rule 43(6) children's rights, constitutional protection, court order variation, custody rights, divorce proceedings, family accommodation, Family Law, financial protection, High Court Judgment, interim relief, judicial precedent, legal precedent, Lekhuleni J, maintenance arrears, maintenance default, matrimonial home, matrimonial property, Minor Children, parental obligations, property rights, Property Transfer, rental accommodation, Rule 43 variation, shelter protection, shelter rights, South African courts, spousal maintenance, unilateral property sale, upper guardian, Western Cape High Court 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… READ MORE
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
28/10/2024 Bertus Preller Children, Maintenance, Paternity Fraud, Procedure Access to Justice, affidavits via Zoom, birth certificate amendment, children's act, civil litigation, civil procedure, Constitutional Rights, court modernization, court precedent, digital evidence, divorce settlement, DNA results, DNA testing, electronic evidence, Family Law, High Court Judgment, judicial interpretation, legal presumption, legal presumptions, legal reform, legal technology, maintenance obligations, maintenance payments, parental rights termination, parenting plan, paternity fraud, remote legal procedures, South African Law, virtual commissioning, WhatsApp evidence 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… READ MORE
24/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Costs, Divorce, Family Law Court System South Africa, Financial Disclosure, Maintenance, Parental Rights, Procedural Law, Settlement agreements, Shared Residency attorney misconduct, attorney responsibility, Children's Best Interests, children's act, court officers, court protocols, court upper guardian, Divorce Act, Divorce Law, divorce maintenance, divorce proceedings, divorce settlements, family advocate investigations, Family Advocate role, Family Law, High Court judgments, judicial criticism, Legal Ethics, legal fees disallowed, legal practice standards, legal practitioner duties, maintenance obligations, professional boundaries, professional conduct, shared custody, shared residency, unopposed divorce, WhatsApp communication 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… READ MORE
15/10/2024 Bertus Preller Arrears, Best Interests of the Child, Children, Contempt of Court, Costs, Financial Abuse, Financial Disclosure, Living Together, Maintenance, Punitive Cost Orders child support, child welfare, contempt of court, court sanctions, family dispute, Family Law, financial disclosure, judicial enforcement, legal compliance, Maintenance Order, parental obligations, periodic imprisonment, South Africa, Variation Application 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… 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
13/09/2024 Bertus Preller Asset Disclosure, Division of Estate, Divorce, Hiding Assets, In Community of Property, Recission of Divorce Orders, Settlement agreements Asset Concealment, civil procedure, community of property, contract law, Court Jurisdiction, court order, damages claim, divorce proceedings, divorce settlement, exception, Family Law, financial disclosure, fraud allegations, fraudulent misrepresentation, Judicial Discretion, Legal Ethics, legal precedent, legal remedy, Legal Strategy, Marital Assets, matrimonial property, non-disclosure, professional liability, Public Policy, res judicata, separate action, settlement agreement, South African Law, Western Cape High Court 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… 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
09/09/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Maintenance, Procedural Law, Procedure, Punitive Cost Orders, Recission of Divorce Orders, Settlement agreements, Urgency attorney-client costs, best interests of the child, child adoption, consent paper, court order, custody, Divorce, Family Law, High Court, mental capacity, Parental Rights, punitive costs, rescission, settlement agreement, South African Law Mental Capacity and Punitive Costs: The Cautionary Tale of C.H v A.C and Others (13612/2024) [2024] ZAWCHC 245. (4 September 2024) Background: A Tumultuous Divorce and Custody Battle The case of C.H v A.C and Others (13612/2024) ZAWCHC 245 unfolds against a backdrop of protracted legal skirmishes following the breakdown of… READ MORE