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Insights from the Bench: Navigating Post-Divorce Parenting and Child’s Best Interests. – L.B v LAE (8551/2022) [2023] ZAGPPHC 1265 (21 November 2023).

Erasmus AJ Background This case revolved around the amendment of a parenting plan and a divorce order concerning the contact between the applicant (father) and the minor child, AMB. The…

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Navigating International Waters: A South African Family Law Case on Child Relocation to Dubai. – TS v S D D – Case Number: 7389/2023 – 20 November 2023.

Holderness AJ INTRODUCTION Application by the Mother: The applicant, the mother of two children, S (15 years old) and K (11 years old), sought several legal reliefs. These included: Permission…

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Avoiding Pitfalls: Key Lessons from a Rule 43 Divorce Showdown. SN v SR (2023/036122) [2023] ZAGPJHC 1335 (14 November 2023) 

Introduction and Background Marriage and Separation: The applicant and the respondent had been married since 25 August 2007, out of community of property with accrual. They had two minor children.…

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Listening to the Unheard: How a South African Court Prioritised Children’s Voices in a Landmark Care and Contact Decision.

C D v M D (093505/2023) ZAGPPHC 1231 (7 November 2023) A. Introduction Unnecessary Litigation in Family Disputes In this case, the court highlighted the issue of unnecessary litigation in…

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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…

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Setting the Standard: A Comprehensive High Court Judgment on Family Law That Redefines Attorney Conduct and The Views of the Child.

C.T v T.E.T (9685/2022) ZAWCHC 262 (13 October 2023) Court and Case Details The case was heard in the High Court of South Africa, Western Cape Division, Cape Town, presided…

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The Art of Pleading in Divorce Cases: A Comprehensive Analysis of a recent South African Judgment.

Introduction In a recent case heard by the High Court of South Africa, Gauteng Division, Pretoria M.M.A.N v J.M.S (40230/2020) ZAGPPHC 675 (11 August 2023) the plaintiff initiated legal action…

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When Love Goes Sour and Assets Get Tangled: How One Husband’s Questionable Conduct, Refusal to Settle, and Legal Maneuvering Shaped a Divorce Ruling.

N.S v M.F.S (20/27078) ZAGPJHC 1044 (19 September 2023) Litigation History The Defendant represented himself, while the Plaintiff had legal representation. The Defendant filed 12 applications against the Plaintiff, most…

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Equality of Arms Upheld: Court Orders Husband to Contribute R805,903 Towards Wife’s Legal Costs in Rule 43 Proceedings.

Y.M v T.J.M (26526/2022) ZAGPPHC 582 (13 July 2023) The case involved a dispute between two parties identified as Y.M. and T.J.M. This was an application in terms of Rule…

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Parental Alienation Syndrome and Its Impact on Children: Insights from a Recent South African Case

D, TE v G, B (015642/2022) ZAGPJHC --- (13 July 2023) SUMMARY This case pertains to family law and involves an urgent application. The child's best interests are the primary…

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