03/10/2026 Bertus Preller Alimony, Best Interests of the Child, Care and Contact, Child Maintenance, Childcare Expert, Children, Children's matters South Africa, Civil contempt South Africa, Contact Rights, Contempt of Court, Costs, Curator Ad Litem, Divorce, Forensic psychologist mandate, Hired Gun Expert, Maintenance, Parental rights and responsibilities, Pendente Lite, Primary Residence, Primary residence dispute, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Unlawful retention of a child, Urgency, Urgent applications, Variation Rule 43(6) best interests of the child, breach of court order, child abuse allegations, Children’s Act 38 of 2005, Contact rights, court-appointed expert, curator ad litem, divorce litigation, DTL v GB, expert bias, family advocate report, family law South Africa, forensic psychologist mandate, Gauteng High Court Johannesburg, hired gun expert, interim care and contact, parental alienation, parental rights and responsibilities, pendente lite order, primary care, primary residence, Rule 43 variation, Rule 43(6), Rule 67A(3), scale C costs, self-help, sheriff enforcement, unlawful retention of a child, Urgent Application Self-Help Never Pays: Unlawful Retention of a Child and the Limits of Rule 43(6) — L.C.E v C.E (2026/226362) [2026] ZAGPJHC 1070 (29 September 2026). Neutral Citation: E v E (2026-226362) ZAGPJHC --- (29 September 2026) The Facts: A Four-Year-Old Caught in the Crossfire of a Brutal Divorce The parties in L.C.E v C.E (2026/226362)… READ MORE
26/05/2026 Bertus Preller Best Interests of the Child, Children, Children's Court, Custody, Economic precarity, Family Advocate, Jurisdiction of convenience, Ordinary residence of child, Primary residence dispute, Psychological vulnerability, Relocation, Section 28 Constitution, Section 29 Children's Act, Unilateral relocation best interests of the child, BLFM v GJM, child relocation Eastern Cape, Contact rights, Coopers v Deutsche Gesellschaft, custody and care, economic precarity, expert evidence family law, Family Advocate recommendation, family law South Africa, FS v JJ, Gauteng Division Johannesburg, High Court jurisdiction children, JS v WF, judicial discretion best interests, jurisdiction of convenience, MV Pasquale Della Gatta, NAN v CN, ordinary residence of child, parental rights and responsibilities, primary residence dispute, psychological vulnerability, relocation dispute, section 20 Children's Act, section 21 Children's Act, section 28(2) Constitution, Section 29 Children's Act, SH v MLH, Wilson J judgment Jurisdiction Is Not a Border Post: Section 29 of the Children’s Act Reconsidered in H.M.M v D.M (2025/140422) [2026] ZAGPJHC 506 (19 May 2026). The Facts: A Relocation, an Expert Report, and a Jurisdictional Challenge The applicant, HMM, and the respondent, DM, were in a relationship for seven years and lived together for much… READ MORE
18/04/2024 Bertus Preller Arrears, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Maintenance Arrear Maintenance, child maintenance, community of property, division of assets, Divorce, forfeiture, joint estate, matrimonial property system, misconduct, parental rights and responsibilities, pension fund benefits High Court Addresses Pension Fund Benefits and Arrear Maintenance, Forfeiture Not Applied in K.B.P v T.L.P (DIV 155/2014) [2024] ZANWHC 105 (17 April 2024). Introduction The High Court of North West, Mahikeng, heard an opposed divorce case between Mrs. B.P. (plaintiff) and Mr. L.P. (defendant), who were married in community of property on 11th… READ MORE
01/07/2023 Bertus Preller Children, Cohabitation, Life Partnerships, Living Together, Parental Rights, Same Sex Couples artificial fertilisation, Bertus Preller, best interests of the child, Children’s Act 38 of 2005, Children’s Court, Constitutional Court, constitutional defects, constitutional invalidity, discrimination, Divorce Attorney Cape Town, Divorce News, Family Law, family life, marital status, parental rights and responsibilities, Parliament, permanent life partners, remedy, right to dignity, sexual orientation Landmark Ruling: South Africa’s Constitutional Court Declares Section 40 of the Children’s Act Unconstitutional, Affirming Parental Rights for Same-Sex Couples. VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER ZACC 21 - 29 JUNE 2023 The Constitutional Court ruled on an application for validation of a constitutional invalidity that… READ MORE