15/05/2025 Bertus Preller Accomodation, Children, Division of Estate, Divorce, Financial Disclosure, Liquidator, Maintenance, Maintenance Court, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance bond payments, bonding therapy, changed circumstances, community of property, divorce proceedings, enforceability of maintenance orders, financial means, High Court Johannesburg, interim maintenance, joint estate, Judge Kumalo, Judicial Discretion, legal costs contribution, matrimonial home, matrimonial property, minor child preferences, pension benefits, reasonable needs, reciprocal duty of support, Rule 43, South African Family Law, spousal support, unemployment, Van Rippen principle When the Well Runs Dry: Court Dismisses Maintenance Claims in H.E.D. v D.D. (2022/14582) [2025] ZAGPJHC 465 (13 May 2025). Background of the Rule 43 Application in H.E.D. v D.D The case of H.E.D. v D.D (2022/14582) ZAGPJHC 465 (13 May 2025) revolves around an application brought under Rule 43… READ MORE
06/05/2025 Bertus Preller Best Interests of the Child, Children, Guardianship, Immigration, International Family Law, International Travel, Relocation, Shared Residency, Views of the Child armed conflict, best interests of child, children's act, constitutional principle, cross-border custody, deportation, expert evidence, family support, gender considerations, geopolitical factors, High Court Johannesburg, immigration status, International Relocation, Israel conflict, Jackson v Jackson, joint parenting, Judicial Discretion, military conscription, neutral approach, Parental Responsibilities, relocation criteria, safety concerns, Section 28 Constitution, Senyatsi J, South African Family Law, T.R.S.T v U.A.R, value-judgment “Best Interests Prevail: Court Rejects Child Relocation to War-Torn Israel in T.R.S.T v U.A.R and Others (019086/2023) [2025] ZAGPJHC 399 (14 April 2025)”. Introduction to T.R.S.T v U.A.R: A Relocation Application to Israel The recent case of T.R.S.T v U.A.R and Others (019086/2023) ZAGPJHC 399 (14 April 2025) presented the Gauteng Division of… READ MORE
14/02/2025 Bertus Preller Abduction, Children, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International Travel, Views of the Child Article 12 Hague Convention, Article 13(b), best interests of the child, Central Authority of South Africa, child abduction defences, child abduction South Africa, child custody disputes, child protection laws, child return order, curator ad litem, family court judgments, habitual residence, Hague Convention, Hague Convention case law, Hague Convention rulings, Hague Convention South Africa, High Court Johannesburg, international child custody, international custody battles, international family law, international parental disputes, Legal Analysis, legal precedent South Africa, Parental Abduction, parental consent disputes, psychological harm defence, South African child law, South African High Court, wrongful removal Hague Convention Defences Prevail: Court Refuses Child’s Return in Central Authority of South Africa and Another v C.M (2023/077002) [2025] ZAGPJHC 99 (10 February 2025). The Hague Convention and International Child Abduction: A Legal Framework International child abduction cases are among the most complex disputes that courts must resolve, requiring a delicate balance between protecting… READ MORE
30/04/2024 Bertus Preller Adversarial Legal System, Children, Divorce, Hostile Family Lawyers, Maintenance, Settlement agreements attorney behavior, attorney-client relationship, case analysis, child maintenance, conflict resolution in family law, courtroom behavior, D v D, effective dispute resolution, emotive language, ethical practice, family court conduct, Family Law, family law attorneys, High Court Johannesburg, impact of decorum, judicial guidance, judicial opinions, legal decorum, Legal Ethics, legal professionalism, legal representatives, non-hostile conduct, professional behavior, settlement agreement, South African Family Law, strategic legal practice, ZAGPJHC 1688 Encouraging Decorum: The Importance of Non-Hostile Conduct Among Family Law Attorneys in D v D (2021/23816) [2024] ZAGPJHC 1688 (26 April 2024). Introduction In the case of D v D (2021/23816) ZAGPJHC 1688 (26 April 2024), the crux of the matter stemmed from the respondent's decision to issue a writ of execution… READ MORE
08/07/2023 Bertus Preller Children, Divorce, Marriage, Parental Rights, Relocation Bertus Preller, Best interests of the minor children, Children Act 38 of 2005, Contact rights, Divorce, Divorce Attorney Cape Town, Divorce News, Divorce process, High Court Johannesburg, Lack of urgency, MVN v MN case, Passport and visa application, Pending custody and access application, Regional Court Springs, Relocation to Ireland, Rule 58 application, Termination of parental responsibilities and rights, Urgent application dismissal From South Africa to Ireland: The Relocation Battle That Lacked Urgency. MVN v MN case number 060071/23, High Court in Johannesburg - 30 June 2023 On the 21st of June 2023, the Applicant (wife) brought an urgent application against the Respondent… READ MORE