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
13/07/2024 Bertus Preller Artificial fertilisation, Best Interests of the Child, Child Maintenance, Children, Guardianship, Life Partnerships, Parental Rights, Same Sex Couples 2024 ZAGPJHC 626, A.V and Another v D.C, artificial fertilisation, AV and NZ, best interests of the child principle, Child's Best Interests, children's act, co-parenting, Constitutional Court, Contact rights, custody disputes, DC, family advocate report, Family Law, family law practitioners, guardianship, identity and birth certificate, international travel consent, judicial decision, Legal Framework, legal precedent, maintenance payments, medical aid dispute, Parental Rights, permanent life partner, Section 21, Section 23, Section 40, South African Law, VJV case Case on Same-Sex Couples and Artificial Fertilisation: A.V and Another v D.C and Others (40522/19) [2024] ZAGPJHC 626 (26 June 2024) – Balancing Parental Rights and Child’s Best Interests Introduction In A.V and Another v D.C and Others (40522/19) ZAGPJHC 626 (26 June 2024), the applicants, AV and NZ, and the first respondent, DC, initially believed that certain sections… 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
13/11/2023 Bertus Preller Children, Guardianship, Parental Rights Access to Justice, Case Backlogs, child welfare, Children's Amendment Act 17 of 2022, Children's Courts, Family Law Amendments, Family Law Transformation, guardianship, Guardianship Rights, High Court, Jurisdiction Expansion, Legal Consents, Legal Guardianship, Legal proceedings, Legal Recourse, Legal System, Parental Responsibilities, South African Family Law, Systemic Strain Understanding the New Children’s Act 17 of 2022: A Landmark Shift in South African Family Law. Introduction The South African legal landscape witnessed a significant legislative shift with the enactment of the Children's Amendment Act 17 of 2022. This landmark change introduced the jurisdiction of Children's… READ MORE
26/10/2023 Bertus Preller Children, Parental Rights, Views of the Child best interests of the child, children's act, contested guardianship, emotional needs, expert investigation, familial bonds, familial relationships, family dynamics, guardianship, independent expert, intellectual needs, interim contact, judicial investigation, legal precedent, psychological assessment, Section 23, Section 24, Section 7, South African High Court, upper guardian The Balancing Act: When Uncles Step In. A Child’s Best Interests, and How a South African Court Navigated Familial Bonds. D.T and Another v M.A.M.F (2023/032929) ZAGPJHC 1204 (24 October 2023) Background and Points in Limine The case revolved around the first and second applicants, who were the uncles of… READ MORE