23/01/2025 Bertus Preller Best Interests of the Child, Children, Parental Rights, Same Sex Couples best interests of child, blended families, child welfare, children's rights, children's act, Civil Union Act, Constitutional Rights, contact arrangements, Contact rights, court appointed experts, custody arrangements, drug assessment, educational evidence, expert evidence, Family Advocate, Family Court, Family Law, family relationships, joint custody, joint expert minute, Judicial Discretion, legal precedent, Parental Rights, psychiatric evaluation, Same-Sex Marriage, South African Law, surrogacy, teacher testimony, upper guardian, Western Cape High Court 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… 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
13/08/2024 Bertus Preller Best Interests of the Child, Children, Family Law Court System South Africa, Grandparents Rights, Mediation, Parental Rights, Procedural Law, Urgency, Views of the Child Alternative Dispute Resolution, bereavement, best interests of the child, child access, Child Custody, child law, child welfare, children's act, Court Procedures, extended family rights, Family Court, family disputes, Family Law, family relationships, grandparents' rights, Judicial Discretion, legal delay, legal precedent, Legal Procedures, legal urgency, Mediation, parental death, procedural requirements, Self-Created Urgency, South African Law, Urgent Application, urgent court roll, Western Cape High Court Urgency Dismissed in Grandparents’ Access Case: E.S and Others v P.S and Another (16138/24) [2024] ZAWCHC 201 (12 August 2024). Background: A Family's Struggle for Contact After Tragedy In the heart-wrenching case of E.S and Others v P.S and Another (16138/24) ZAWCHC 201 (12 August 2024), the Western Cape High… READ MORE