24/06/2025 Bertus Preller Abduction, Best Interests of the Child, Children, Contempt of Court, Costs, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, Immigration, International Divorce, International Family Law, International Travel, Joint Decision Making, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation attorney and client scale, best interests of children, care and contact assessment, child abduction, child custody orders, contempt of court, contempt proceedings urgency, cross-border custody disputes, cross-border litigation, divorce proceedings, Easter holiday dispute, emergency passports, family court jurisdiction, Hague Convention, hearsay evidence, international child retention, international enforcement, judicial authority vindication, Jurisdictional Challenges, mala fides presumption, postponement applications, punitive costs, sine die postponement, South African Family Law, suspended imprisonment, Swiss courts, travel documentation, Western Cape High Court, wilful non-compliance When Easter Holidays Turn Into International Child Retention: T.A.M-W v C.M.M (2025/030666) [2025] ZAWCHC 217 (23 May 2025) and the Limits of Cross-Border Contempt Orders. Key Takeaways This landmark judgment demonstrates that South African courts will not hesitate to use their full arsenal of sanctions when parties deliberately flout agreed court orders, particularly where children's… READ MORE
20/12/2023 Bertus Preller Children, Divorce, Guardianship, Parental Rights Child Custody, Children's Best Interests, Constitutional Rights, Court Decisions, Court Orders, divorce proceedings, Family Court, Family Law, Family Law Judgements, Jurisdictional Challenges, Legal Balancing Act, legal case analysis, Legal Costs, Legal Discretion, Legal Ethics, Legal Insights, Legal precedents, Medical Records Disclosure, Parental Duties, Parental Rights, Privacy Rights, Privacy vs Best Interests, South Africa, Therapy Confidentiality, W.B v R.B Balancing Privacy and Children’s Best Interests: Insights from W.B v R.B and Another (D8141/2022) [2023] ZAKZDHC 96 (18 December 2023). Introduction In the case of W.B v R.B and Another, presided over by Henriques J, the court faced a complex interlocutory application. This case, filed under case number D8141/2022 and… READ MORE