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
15/03/2024 Bertus Preller Best Interests of the Child, Parental Rights, Relocation Australia, Child Custody, child welfare, child's preference, Child's Best Interests, court decision, cross-border custody, cultural integration, Custodian Parent, custody agreement, educational impact, expert evidence, Family Advocate, Family Court, France, Hague Convention, International Relocation, judicial analysis, legal dispute, legal precedent, legal principles, non-custodial parent, parental consent, parental plans, Parental Rights, psychological evaluation, relocation guidelines, RH v NM, South African Family Law Navigating the Waters of International Child Relocation: A Legal Deep Dive into R.H v N.M (12871/2021) [2024] ZAWCHC 77 (11 March 2024). Navigating International Custody Disputes: Insights from RH v NM In the matter of RH v NM, the Western Cape High Court delved into a complex international custody dispute, providing significant… READ MORE
02/02/2024 Bertus Preller Children, Parental Rights, Relocation, Views of the Child child welfare, Children's Best Interests, Children's Welfare, children's act, Constitutional Rights, court decision, cross-border parenting, custody arrangements, emotional stability, family court decisions, family dynamics, Family Law, family relocation, international custody, international move, judicial considerations, Legal Analysis, Legal Framework, legal guidance, Legal precedents, Legal Strategy, minor children relocation, parental consent, Parental Responsibilities, Parental Rights, relocation cases, shared parenting, travel consent, visitation rights 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,… READ MORE
31/01/2024 Bertus Preller Children, Divorce, Parental Rights, Schooling, Views of the Child acrimonious divorce, best interests of the child, Child Custody, child custody case, child-focused litigation, child's best interest, child's schooling, Children's Welfare, Children’s Act 38 of 2005, co-parenting, conciliation in family law, Court Proceedings, Divorce, educational stability, expert reports, Family Law, judicial decision, legal dispute, legal principles, motion proceedings, parental consent, Parental Rights, psychological well-being, Redhill School, School Enrollment, South African Constitution, South African High Court, St Stithians College, upper guardian Deciphering the Best Interests: A Legal Analysis of a Child’s Schooling in Divorce – U.R v S.B and Others (2024-001357) [2024] ZAGPJHC 55 (25 January 2024) Introduction: Urgent School Enrollment Dispute In this urgent legal matter brought before the court on 11 January 2024, the core issue revolved around the schooling of a minor child amidst… READ MORE
20/01/2024 Bertus Preller Children, Divorce, Parental Rights, Relocation A.D.B v B.A.K, best interests of the child, Child Relocation, child welfare, court decision, custodial parent, custody disputes, custody rights, emotional impact, emotional wellbeing, family courts, family dynamics, Family Law, family law principles, International Relocation, Judge Mossop J, judicial decision-making, legal challenges, legal considerations, Legal precedents, non-custodial parent, parent-child relationship, parental consent, Parental Responsibilities, Parental Rights, parenting plan, relocation disputes, South Africa, welfare of the child Navigating the Complexities of Child Relocation Cases in South African Family Law. – A.D.B v B.A.K (15944/22P) [2023] ZAKZPHC 1. – (9 January 2023). The case of A.D.B v B.A.K, presided over by Judge Mossop J, involved intricate family law matters pertaining to the relocation of a minor child. The core issue was the… READ MORE
19/01/2024 Bertus Preller Adversarial Legal System, Children, Parental Rights, Relocation Child Custody, child maintenance, child welfare, Child's Best Interests, children's act, Constitutional Rights, court judgement, custodial parent rights, family advocate report, family court decision, Family Law, family law practice, international child relocation, international family law, International Relocation, Johannesburg High Court, landmark ruling, Legal Analysis, legal precedent, MAHOMED AJ, new case on child relocation, non-custodial parent, parent-child relationship, parental consent, Parental Responsibilities, relocation consent, relocation rights, South African legal system, T.R v S.M Shaping the Future of Family Law: A Pivotal South African Case on Child Relocation – T.R v S.M (035901/2023) [2024] ZAGPJHC 35 (17 January 2024). Facts of the Case Background Parties and Relationship: From 2009 to 2012, T.R (the applicant) and S.M (the respondent) were in a relationship but never married. They had a daughter… READ MORE