13/08/2025 Bertus Preller Abduction, Best Interests of the Child, Children, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, Immigration, Relocation, Section 28 Constitution, Unilateral relocation, Views of the Child best interests, child welfare, children's rights, children's act, co-guardianship, conditional consent, consent affidavit, Constitutional Rights, cross-border enforcement, Family Law, guardianship, Hague Convention, international travel, just and equitable relief, Mirror Orders, overseas travel, parental acrimony, parental consent, Parental Responsibilities, passport applications, section 172, section 18, Section 28 Constitution, South African Law, travel disputes, travel documentation, unreasonable refusal, Western Cape High Court When Conditional Consent Becomes Unreasonable Refusal: Parental Rights and Overseas Travel in B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025). Factual Background: A Tale of Parental Acrimony and Non-Cooperation The case of B.U v C.M and Others presents a deeply troubling portrait of how parental discord can prejudice a child's… READ MORE
27/07/2025 Bertus Preller Artificial fertilisation, Artificial insemination, Children, Children's Court, Gamete donation, Gamete donor agreement, IVF disputes, Parental Rights, Paternity confirmation, Section 40(3) Children's Act, Sperm donor, Surrogacy artificial fertilisation, artificial insemination, AV v DC case, best interests of children, biological father, child support, child welfare, children's rights, Children’s Act 38 of 2005, declaratory relief, discretionary relief, Family Law, gamete donation, gamete donor agreement, intimate relationships, IVF disputes, maintenance obligations, paramountcy principle, Parental Duties, Parental Responsibilities, paternal rights, QG v CS case, reproductive law, reproductive technology, Section 40(3) Children's Act, sperm donor, Superior Courts Act, upper guardian, Von Ludwig AJ When Sperm Donation Meets Parental Duty: V.R.N v B.L.S (2024/058240) [2025] ZAGPJHC 701 (18 July 2025) – Court Rejects Biological Father’s Escape from Responsibility. The Facts: When Romantic Relationships Complicate Gamete Donation Arrangements The factual matrix in this case illustrates precisely why clear, formal agreements are essential in artificial fertilisation arrangements, particularly where the… READ MORE
02/07/2025 Bertus Preller Abuse of Process, Adversarial Legal System, Costs, Divorce, Family Law Court System South Africa, Procedural Law, Procedure, Punitive Cost Orders, Rule 30A, Uniform Form Rules of Court Afrocentrics case, attorney costs orders, Bloem case, civil procedure, condonation applications, court deadlines, court rules compliance, de bonis propriis costs, Family Court, family law proceedings, Helen Suzman Foundation case, High Court Johannesburg, late filing affidavits, legal practitioner conduct, litigation management, motion proceedings, Multi-Links case, Parental Responsibilities, Procedural irregularities, procedural non-compliance, professional conduct, Rule 27, Rule 28, Rule 30A, Rule 6, South African Law, supplementary affidavits, Uniform Rules of Court When Procedure Trumps Substance: Dissecting Rule 30A Non-Compliance in N.S v A.D (2022/257) [2025] ZAGPJHC 632 (20 June 2025). Factual Background: A Tale of Procedural Non-Compliance in Family Law Proceedings The factual matrix in N.S v A.D presents a striking illustration of how procedural non-compliance can derail even the… READ MORE
29/06/2025 Bertus Preller Best Interests of the Child, Child Bullying, Children, Children's Court, Costs, Curator Ad Litem, Divorce, Guardianship, Joint Decision Making, Maintenance, Parental Alienation, Parental Rights, Rule 43, Spousal Maintenance A.W.F v K.S.R, best interests of the child, blended family parental rights, care of minor children, child maintenance South Africa, Children’s Act sections 23 and 24, contested divorce interim relief, curator ad litem, divorce maintenance case, family law judgment, financial disclosure form, financial obligations in divorce, High Court Pretoria, High Court Rule 43 order, interim contact orders, interim divorce relief, Johannesburg family law, legal rights of stepparents, Parental Responsibilities, pendente lite maintenance, racial allegations in custody, Rule 43 legal principles, Rule 43 South Africa, shared custody rights, sibling bond divorce, spousal maintenance application, urgent contact disputes, vulnerable spouse, ZAGPPHC 503 Parental Rights, Spousal Support, and Racial Allegations: Inside A.W.F v K.S.R (052216/2024) [2025] ZAGPPHC 503 (16 May 2025) and the Rule 43 Balancing Act. The Factual Matrix: Disputed Care, Contact, and Maintenance in a Rule 43 Application In A.W.F v K.S.R (052216/2024) ZAGPPHC 503 (16 May 2025), the applicant approached the Gauteng Division of… READ MORE
06/05/2025 Bertus Preller Best Interests of the Child, Children, Guardianship, Immigration, International Family Law, International Travel, Relocation, Shared Residency, Views of the Child armed conflict, best interests of child, children's act, constitutional principle, cross-border custody, deportation, expert evidence, family support, gender considerations, geopolitical factors, High Court Johannesburg, immigration status, International Relocation, Israel conflict, Jackson v Jackson, joint parenting, Judicial Discretion, military conscription, neutral approach, Parental Responsibilities, relocation criteria, safety concerns, Section 28 Constitution, Senyatsi J, South African Family Law, T.R.S.T v U.A.R, value-judgment “Best Interests Prevail: Court Rejects Child Relocation to War-Torn Israel in T.R.S.T v U.A.R and Others (019086/2023) [2025] ZAGPJHC 399 (14 April 2025)”. Introduction to T.R.S.T v U.A.R: A Relocation Application to Israel The recent case of T.R.S.T v U.A.R and Others (019086/2023) ZAGPJHC 399 (14 April 2025) presented the Gauteng Division of… READ MORE
20/01/2025 Bertus Preller Best Interests of the Child, Children, Curator Ad Litem, Grandparents Rights, Guardianship, International Travel, Relocation, Views of the Child best interests of the child, child welfare, Children’s Act 38 of 2005, children’s rights, co-guardianship, cultural identity, curator ad litem, expert evidence, Family Advocate, family dynamics, family law judgment, financial stability, guardianship, guardianship disputes, high-conflict disputes, JB J v EH B, Judicial Discretion, legal precedent, Legal Representation, LR J and Another case, Parental Responsibilities, Parental Rights, relocation, relocation applications, relocation to Scotland, South African Family Law, stability in family law, supervised contact, supervised reintegration, trust funds Guardianship and Relocation Disputes in Focus: LR J and Another; In Re: JB J v EH B and Others (2024-024281) [2025] ZAGPJHC 11 (14 January 2025. Introduction to the Case: Background and Legal Context The case LR J and Another; In Re: JB J v EH B and Others (2024-024281) ZAGPJHC 11 (14 January 2025) highlights… READ MORE
15/06/2024 Bertus Preller Adoption, Best Interests of the Child, Child Maintenance, Children, Maintenance, Parental Rights 3 June 2024, A25/2024, adoption process, best interests of the child, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Constitutional Rights, Contemporary Society, de facto adoptions, duty of support, emotional bond, familial arrangements, Family Law, High Court, informal adoptions, Legal Framework, legal obligations, legal recognition, Legal Technicalities, maintenance obligations, parental care, Parental Responsibilities, R S v J S and Others, South African Law, voluntary assumption, ZAWCHC 83 Embracing the Best Interests of the Child: A Legal Analysis of De Facto Adoptions and Maintenance Obligations in R S v J S and Others (A25/2024) [2024] ZAWCHC 83 (3 June 2024). Factual Matrix and Procedural History: A Comprehensive Overview of R S v J S and Others (A25/2024) ZAWCHC 83 (3 June 2024) The judgment of R S v J S… READ MORE
20/05/2024 Bertus Preller Best Interests of the Child, Children, Guardianship, Parental Rights, Procedural Law, Procedure, Schooling abuse of process, best interests of the child, biological parents, care and contact, child contact, Child Custody, children's act, consanguinity, costs order, court's discretion, Family Advocate, M M v N M and Others, minor child, Mukaddam v Pioneer Foods, Parental Responsibilities, Parental Rights, third-party rights, Uniform Rule 6(12)(b), urgent applications The Limits of Third-Party Rights in Child Contact: P.D and Another v A.R and Another (D779/2023) [2024] ZAKZDHC 27 (17 May 2024). Background of the case The case of P.D and Another v A.R and Another (D779/2023) ZAKZDHC 27 (17 May 2024) involved an unusual set of facts. The applicants, who were… READ MORE
26/02/2024 Bertus Preller Alimony, Antenuptial Contracts, Child Maintenance, Children, Costs, Divorce, Interim Maintenance, Maintenance, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance accrual system, Asset Division, best interests of children, child maintenance, Court Decisions, court ruling, Divorce, divorce litigation, Equality of Arms, equitable distribution, Family Court, Family Law, financial disparity, Financial Disputes, interim relief, Legal Costs, legal obligations, legal principles, Legal proceedings, Legal Representation, maintenance determination, marital breakdown, marital standard of living, matrimonial assets, Parental Responsibilities, Rule 43, South Africa, spousal maintenance, Uniform Rules of Court Deciphering Divorce: A Rule 43 Ruling on Maintenance and a Contribution to Legal Costs – M Q v V S (0221062023) 2024 ZAGPJHC 188 (23 February 2024). Introduction to the Application for Maintenance and Legal Contributions In this Rule 43 application the court was presented with an intricate application concerning the financial sustenance and legal cost contributions… READ MORE
22/02/2024 Bertus Preller Children, Guardianship, Parental Rights, Same Sex Couples adoption, best interests of the child, child care, child development, child protection, child welfare, child-centric approach, Children’s Act 38 of 2005, Contact rights, Court Rulings, custody rights, emotional well-being, Family Court, family dynamics, Family Law, family structures, foster care, guardianship application, Guardianship Rights, Legal Framework, Legal precedents, legal standing, non-biological guardianship, Parental Responsibilities, psychological assessments, psychological bonds, R.C v H.S.C, stepparent rights, visitation rights 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… READ MORE