17/03/2024 Bertus Preller Best Interests of the Child, Children, Guardianship, Hostile Family Lawyers, Parental Rights, Views of the Child bias in evaluations, care and contact disputes, child best interests, child welfare, court reliance on experts, cultural influence, Custody Battles, ethical dilemmas, expert testimony ethics, expert witness objectivity, family dynamics, forensic assessments, forensic social workers, hired gun phenomenon, impartiality in assessments, judicial decisions, Legal Framework, legal outcomes, Legal Standards, mental health impact, peer review panels, professional development, professional integrity, psychological evaluations, Schneider case analysis, subjective interpretation Navigating the Battlefield: Overcoming the ‘Hired Gun’ Phenomenon in Forensic Child Care Assessments. Introduction In a typical case, let us consider a fictional scenario involving a forensic psychologist, Dr. Smith, who is hired to conduct a care and contact assessment for a care… READ MORE
17/03/2024 Bertus Preller Best Interests of the Child, Children best interests, child advocacy, child development, child protection, child rights, child welfare, child-sensitive justice, children’s act, Constitutional Court, court judgments, cultural influences, custody disputes, educational well-being, Family Law, forensic social work, interdisciplinary approach, judicial decisions, Legal Analysis, legal guidelines, legal interpretation, legal principles, normative values, paramount consideration, Parental Rights, psychological assessment, socio-economic factors, South African Law Child-Centric Justice: Interpreting the Best Interests of the Child in South African Law. South African courts have long had experience in applying the “best interests” principle in matters such as custody or maintenance. In our new constitutional order, however, the scope of the… READ MORE
01/02/2024 Bertus Preller Customary Marriages constitutional values, cultural diversity, cultural practices, customary law, customary marriages, dignity, equality, estate administration, estate executrix, Family Law, inheritance, judicial decisions, Khashane v Minister of Home Affairs, legal challenges, Legal Framework, legal interpretation, legal precedent, Legal Procedures, Legal Protection, legal recognition, lobola negotiations, marital rights, marriage registration, posthumous registration, Recognition of Customary Marriages Act, South African Law, spousal rights, surviving spouse rights, traditional marriages Securing Rights Beyond Life: The Landmark Case for Posthumous Registration of Customary Marriages in South Africa. – Khashane v Minister of Home Affairs and Others (052246/2023) [2024] ZAGPPHC 3 (12 January 2024). Introduction to the Application for Posthumous Registration of a Customary Marriage In the case of Khashane v Minister of Home Affairs and Others (052246/2023) ZAGPPHC 3 (12 January 2024), the… READ MORE
06/01/2024 Bertus Preller Alimony, Arrears, Divorce, Interim Maintenance, Maintenance, Rule 43, Spousal Maintenance child support, court ruling, divorce settlements, Family Law, family responsibilities, Financial Obligations, High Court, judicial decisions, legal enforcement, legal implications, Legal precedents, maintenance compliance, maintenance orders, Marital Disputes, new case law, pension fund attachment, retirement annuity, South Africa, spousal support, unpaid maintenance Failure to Pay Maintenance Leads to Retirement Annuity Attachment: A South African High Court Ruling. MO v RO AND ANOTHER – Case Number: 15617/2022 – 5 January 2024. Case Overview In a recently concluded application in the High Court of South Africa (Western Cape Division, Cape Town), with case number 15617/2022, MO (the applicant) brought an urgent application… READ MORE