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Expanding Family Boundaries: Navigating Non-Biological Guardianship Rights – R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219; 2023 (4) SA 231 (GJ).

1. Introduction In this case the High Court delved deeply into the intricacies of guardianship, contact, and care rights under the Children's Act, with a keen focus on the welfare…

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Setting Aside a Subpoena in Divorce Proceedings: A Legal Analysis.

In the realm of divorce litigation, the issuance and subsequent challenge to a subpoena duces tecum is a critical aspect that can significantly influence the course of proceedings. The purpose…

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Safeguarding Marital Assets: The Crucial Role of Anti-Dissipation Interdicts in Divorce Proceedings.

Understanding Anti-Dissipation Interdicts An anti-dissipation interdict is an order that prevents a person from disposing of or concealing assets during divorce proceedings. Unlike Mareva injunctions, which prevent a defendant from…

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Navigating Marital Disputes and New Evidence in Appeals: Insights from N B v T B and Another. – N B v T B and Another (2669/2021; CA 81/2022) [2024] ZAECMHC 8 (30 January 2024), also cited as N.P.B v T.I.B and Another – Appeal (CA 81/2022) [2024] ZAECMHC 4 (30 January 2024).

Introduction In the case of N B v T B and Another (2669/2021; CA 81/2022) ZAECMHC 8 (30 January 2024), the court was presented with an appeal against the decision…

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Navigating Family Dynamics: Granting Relocation Orders for Minor Children’s Best Interests. – H F v P F ; In Re: E F and Others (2022/028593) [2024] ZAGPJHC 88 (31 January 2024).

Introduction to the Interim Removal Application for Minor Children On 21 June 2023, NDLOKOVANE AJ delivered a pivotal order addressing the contested interim removal of three minor children, aged 14,…

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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…

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Navigating Parental Maintenance Obligations and Mastering Legal Exceptions: The KGANYAGO J Judgment in Context. – U.DJ v J.H.O (9169/2022) [2024] ZALMPPHC 2 (15 January 2024).

Background and Plaintiff’s Claims The case involves the plaintiff and defendant, who are the parents of a child now of majority age. Following the breakdown of their relationship, the child…

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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…

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UNLOCKING THE LEGAL MYSTERIES OF UNIVERSAL PARTNERSHIPS: NAVIGATING SOUTH AFRICA’S MODERN RELATIONSHIP LANDSCAPE.

OVERVIEW OF LEGAL RECOGNITION OF UNIVERSAL PARTNERSHIPS Definition and Essence Universal partnerships, in legal terms, refer to a form of partnership where individuals share their lives and resources in a…

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Urgency or Delay? A Deep Dive into a South African Family Law Case Involving Schooling and Parental Rights.

MM v NM and Others (15133/23P) ZAKZPHC 117 (18 October 2023) Introduction In a recent case presided over by Davis AJ, MM (the applicant) filed an urgent application against NM…

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