08/08/2024 Bertus Preller Abuse, Adversarial Legal System, Best Interests of the Child, Children, Domestic Violence, Holiday Travel, International Travel, Relocation, Views of the Child best interests of child, child welfare, children's act, co-parenting, court order, custody rights, Divorce, Family Advocate, Family Court, Immigration Act, international travel, judicial interpretation, Legal Guardianship, minor's travel, parental consent, Parental Rights, parenting plan, South African Law, travel regulations Navigating Parental Consent for International Travel: Insights from J.S v R.S (4146/24) [2024] ZAWCHC 199 (2 August 2024) Background: A Battle Over Holiday Travel with a Minor Child In the recent Western Cape High Court case of J.S v R.S (4146/24) ZAWCHC 199 (2 August 2024), Acting Justice… READ MORE
01/02/2024 Bertus Preller Children, Guardianship, Orphans, Parental Rights child custody law, child welfare decisions, Child's Best Interests, children's contact rights, Children’s Act 38 of 2005, Court Order Compliance, curatrix ad litem role, custody battle, family court insights, family law case law, family therapy importance, guardianship arrangements, guardianship dispute, guardianship nomination, legal challenges, Legal Guardianship, Legal proceedings, minor children protection, orphan welfare, parental rights implications, South African Family Law, Welgemoed v Potgieter Safeguarding Orphans’ Future: Lessons from the Welgemoed v Potgieter Guardianship Dispute. – Welgemoed and Another v Potgieter and Others (88660/2019) [2024] ZAGPPHC 13 (2 January 2024). Introduction to the Case The matter of Welgemoed and Another v Potgieter and Others (88660/2019) presented before the Gauteng Division, Pretoria High Court, captivates with its sorrowful premise, underpinning the… READ MORE
13/11/2023 Bertus Preller Children, Guardianship, Parental Rights Access to Justice, Case Backlogs, child welfare, Children's Amendment Act 17 of 2022, Children's Courts, Family Law Amendments, Family Law Transformation, guardianship, Guardianship Rights, High Court, Jurisdiction Expansion, Legal Consents, Legal Guardianship, Legal proceedings, Legal Recourse, Legal System, Parental Responsibilities, South African Family Law, Systemic Strain Understanding the New Children’s Act 17 of 2022: A Landmark Shift in South African Family Law. Introduction The South African legal landscape witnessed a significant legislative shift with the enactment of the Children's Amendment Act 17 of 2022. This landmark change introduced the jurisdiction of Children's… READ MORE