05/02/2024 Bertus Preller Alimony, Children, Costs, Divorce, Parental Rights, Rule 43 Cost Contributions, Spousal Maintenance bonding therapy, child best interests, child care, Child Custody, Children's Welfare, contact arrangements, contribution to costs, court order, court rulings Rule 43, divorce proceedings, Family Court, family dynamics, Family Law, family law analysis, family law disputes, financial responsibilities, forensic assessment, interim maintenance, judicial fairness, Legal Analysis, legal contributions, Legal Costs, Legal proceedings, legal strategies, maintenance contribution, Parental Responsibilities, Parental Rights, primary residence, South African Family Law, T E v V E, Von Ludwig AJ Navigating Family Dynamics: A Comprehensive Analysis of a Rule 43 Application. – T E v V E (2023/021747) [2024] ZAGPJHC 94 (2 February 2024). Introduction: The Complexity of Rule 43 Applications Rule 43 applications serve as a pivotal yet challenging facet of divorce proceedings, offering a singular affidavit to each litigant to encapsulate a… 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
25/01/2024 Bertus Preller Children, Parental Rights, Relocation 2023 court ruling, best interests of the child, child custody law, Child Relocation, child welfare, child's psychological well-being, court judgment, custody dispute, D.J.H. v A.H, divorce proceedings, Eastern Cape High Court, family advocate report, family law implications, family law judgments, family law precedent, judicial scrutiny, Legal Analysis, legal arguments, legal case review, legal precedent, legal reasoning, Parental Responsibilities, Parental Rights, relocation case study, relocation impact, relocation jurisprudence, relocation opposition, South African Family Law, South African jurisprudence Navigating the Tides of Change: The Intricacies of Child Relocation in D.J.H. v A.H (914/2023) [2023] ZAECMKHC 139, (12 December 2023). – Rugunanan J. Overview of the D.J.H. v A.H Relocation Dispute In the case D.J.H. v A.H (914/2023) ZAECMKHC 139, the Eastern Cape Division of the High Court grappled with a contentious child… READ MORE
23/01/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Guardianship, Maintenance, Marriage, Parental Rights Adherence to Court Orders, Attorney and Client Costs, Child's Welfare, Child's Best Interests, Children’s Act 38 of 2005, Constitutional Violation, Contact rights, Contempt of Court Orders, Court Directives, Custodial Sentence, Emotional Strain, Gauteng High Court, Justice Phahlane, Legal Practitioners' Duty, Legal Recourse, Legal System Integrity, maintenance obligations, minor child, Mosopa Order, non-compliance, Parental Responsibilities, Parental Rights, Psychological Impact, Repeated Defiance, Rule of Law, Separation, South African Legal Framework, Urgent Application, Voster Order Justice Prevails: A Landmark Twelve-Month Sentence Upholding the Child’s Best Interests. – B.M.G.S v M.B.S and Others (26675/2022) [2024] ZAGPPHC 24 (8 January 2024). Introduction In this case presided over by Justice Phahlane, the applicant, Mr. S, approached the Gauteng High Court on an urgent basis. The case centred around the contempt of two… 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
05/12/2023 Bertus Preller Children, Costs, Guardianship, Immigration, Parental Rights Children's Best Interests, constitutional court decisions, constitutional law, Court Rulings, family life protection, family rights, family separation, family-centric immigration policies, foreign nationals in South Africa, human dignity in immigration, immigration act changes, immigration act invalidity, immigration case law, immigration policy reform, international human rights, legal amendments, legal implications for families, Legal precedents, mixed-nationality families, new family law case, Parental Responsibilities, permanent residency, South African citizenship, South African immigration law, spousal visas, visa regulations Navigating the Shift: How South African Immigration Law is Evolving to Protect Family Rights – Rayment and Others v Minister of Home Affairs and Others; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023) Introduction and Factual Background Chief Justice Zondo, along with Justices Kollapen, Madlanga, Majiedt, Makgoka, Mathopo, Potterill, Rogers, and Theron, presided over two applications seeking confirmation of an order of constitutional… READ MORE
27/11/2023 Bertus Preller Children, Parental Rights, Views of the Child Child Custody, child development post-divorce, child welfare, child-focused custody, Child's Best Interests, co-parenting challenges, co-parenting dynamics, divorce and children, divorce order amendment, Family court rulings, Family Law, family law litigation, Judicial Discretion, new family law cases, parental guidance in divorce, Parental Responsibilities, parenting plan, parenting stability, post-divorce parenting, routine in child development, South African Family Law 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… READ MORE
21/11/2023 Bertus Preller Children, Parental Rights, Relocation, Views of the Child child maintenance, Child Relocation, child welfare, Children's Best Interests, Court Orders, Cross-Continental Relocation, Custodian Parent, Divorce, Dubai, Family Law, International Relocation, Legal Custody, Legal Jurisdiction, Legal precedents, Legal Representation, Parental Responsibilities, Parental Rights, parenting plan, South Africa 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… READ MORE
15/11/2023 Bertus Preller Alimony, Children, Costs, Divorce, Interim Maintenance, Maintenance, Parental Rights, Rule 43, Spousal Maintenance best interests principle, Child Custody, Children's Welfare, Court Orders, divorce litigation, divorce proceedings, equitable treatment, Family Law, financial disclosure, financial imbalances., financial transparency, interim relief, legal costs contribution, maintenance pendente lite, matrimonial property, new family law case, Parental Responsibilities, Rule 43 applications, South African Law, spousal support, temporary orders 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.… READ MORE