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
23/12/2024 Bertus Preller Abduction, Appeal, Best Interests of the Child, Children, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Parental Alienation, Parental Rights, Procedure, Relocation Article 13(b), Australian courts, Central Authority, child abduction, child protection, child rights, child welfare, children's act, Constitutional Challenges, cross-border parenting, custody proceedings, domestic violence, Expeditious Proceedings, Family Advocate, grave risk defence, Hague Convention, international child return, international family law, international obligations, Judicial Discretion, judicial separation, legal precedent, Parental Rights, procedural delays, Protective Measures, South Africa, South African jurisdiction, Supreme Court of Appeal, time limits, undertakings, urgent applications When Time is Not on Your Side: Supreme Court Issues Urgent Warning on Hague Convention Delays in N M v Central Authority for Republic of South Africa and Another [2024] ZASCA 178 (19 December 2024). Introduction: A Child's Journey Between Two Continents The Supreme Court of Appeal recently delivered a landmark judgment in N M v Central Authority for Republic of South Africa and Another… READ MORE
22/06/2024 Bertus Preller Abduction, Best Interests of the Child, Children, Emotional Abuse, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Procedural Law, Psychological Abuse, Relocation Article 13(b), best interests of child, Central Authority, child abduction, constitutional law, cross-border custody, developmental delays, evidentiary standards, grave risk exception, habitual residence, Hague Convention, international family law, international treaties, Judicial Discretion, post-partum depression, prompt return principle, Protective Measures, South Africa, Supreme Court of Appeal, undertakings Solomon’s Dilemma in the Digital Age: SCA Navigates International Child Abduction in C.A.R v Central Authority (737/2023) [2024] ZASCA 103 (21 June 2024). Background of the Case: What Led to the Supreme Court of Appeal? In the annals of legal history, cases involving child custody (care and contact) often evoke the wisdom of… READ MORE
15/03/2024 Bertus Preller Best Interests of the Child, Parental Rights, Relocation Australia, Child Custody, child welfare, child's preference, Child's Best Interests, court decision, cross-border custody, cultural integration, Custodian Parent, custody agreement, educational impact, expert evidence, Family Advocate, Family Court, France, Hague Convention, International Relocation, judicial analysis, legal dispute, legal precedent, legal principles, non-custodial parent, parental consent, parental plans, Parental Rights, psychological evaluation, relocation guidelines, RH v NM, South African Family Law Navigating the Waters of International Child Relocation: A Legal Deep Dive into R.H v N.M (12871/2021) [2024] ZAWCHC 77 (11 March 2024). Navigating International Custody Disputes: Insights from RH v NM In the matter of RH v NM, the Western Cape High Court delved into a complex international custody dispute, providing significant… READ MORE
01/03/2024 Bertus Preller Abduction, Children, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Relocation, Views of the Child child custody law, child protection law, child welfare, Children's Best Interests, consent and acquiescence, cross-border family law, custody rights, Family Law, Hague Convention, International Child Abduction, international custody battle, Judicial Discretion, Justice Cloete, Legal Analysis, legal decision-making, legal fairness, Legal Jurisdiction, legal precedent, legal proceedings costs, MB v LC and Another, parental disputes, Plascon-Evans rule, South Africa legal system, wrongful retention Justice Prevails: Navigating International Child Abduction Law with Precision and Compassion. – MB v LC and Another (21586/2023) [2024] ZAWCHC 61 (29 February 2024). Introduction and Background The case adjudicated by Justice J Cloete, delves into a dispute under the Hague Convention on the Civil Aspects of International Child Abduction. This matter revolves around… READ MORE
20/01/2024 Bertus Preller Abuse, Alienation, Children, Relocation Abduction Cases, Abductor Location, Central Authority, Child Participation, child protection, child welfare, Child’s Best Interests, cross-border custody, Custody Battles, custody disputes, domestic violence, Expeditious Proceedings, Family Law, Hague Application, Hague Convention, International Child Abduction, International Cooperation, Interpol Assistance, Judicial Proceedings, legal challenges, Legal Framework, Legal Reforms, Legal Representation, Mirror Orders, Parental Abduction, Parental Rights, Return Orders, South Africa, South African courts NAVIGATING THE COMPLEXITIES OF INTERNATIONAL CHILD ABDUCTION IN SOUTH AFRICA: LEGAL PERSPECTIVES, CHALLENGES, AND CASE LAW ANALYSIS. INTRODUCTION The escalating global issue of international child abduction has significant implications within the South African legal framework. This analysis delves into South Africa's approach to addressing and implementing key… READ MORE
29/11/2023 Bertus Preller Children, Guardianship, Parental Rights, Relocation Article 13(b), child best interests, Child Custody, child protection, child return, child welfare, Constitutional Court, cross-border custody, Family Court, Family Law, Hague Convention, international abduction, international law, legal interpretation, legal judgement, legal precedent, Parental Rights, psychological harm, South Africa, UK Constitutional Court’s Insightful Interpretation of the Hague Convention’s Article 13(b) in a Pivotal International Child Custody Case – Ad Hoc Central Authority for RSA and Another v Heidi Nicole Koch N.O. and Another [2023] ZACC 37. FACTS This case involves a complex international child custody dispute under the Hague Convention on the Civil Aspects of International Child Abduction. Here is a summary of the key facts:… READ MORE