07/08/2025 Bertus Preller Abuse, Adversarial Legal System, Child Bullying, Child protection, Children, Children's Court, Conduct of Childcare Experts, constitutional rights of children, Contempt of Court, Costs, Curator Ad Litem, Emotional Abuse, Family reunification, Grandparents Rights, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, Hostile Family Lawyers, Joint Decision Making, Parental Alienation, Parental Coordinator, Parental Rights, Punitive Cost Orders, Reunification, Reunification therapy, Section 28 Constitution, Views of the Child AB-PA, attachment-based parental alienation, Australian parenting orders, best interests of the child, child’s rights, children’s act, co-parenting programs, contempt enforcement, curator ad litem, custody variation, differential diagnosis, emotional abuse, expert evidence, Family Advocate inquiries, forensic psychologist, interim orders, international comparison, legislative reform, multi-disciplinary approach, parental alienation, parenting coordinator, preventive education, psychological assessment, reunification therapy, Rule 43 applications, South African Family Law, supervised contact, therapeutic court orders, UK CAFCASS model, US friendly parent factor Parental Alienation in South African Family Law: Legal Framework, Case Analysis, and Comparative Perspectives. Introduction Parental alienation has emerged as one of the most heart-wrenching dilemmas in South African family law, surfacing with alarming frequency in high-conflict divorces and custody battles. At its core,… READ MORE
18/07/2025 Bertus Preller Best Interests of the Child, Children, Children's Court, constitutional rights of children, Divorce, Family reunification, Hague Convention on the Civil Aspects of International Child Abduction, International Travel, Parental Alienation, Relocation, Reunification, Section 28 Constitution best interests of child, child abduction risk, child welfare, child's voice, children's act, contact arrangements, cross-border custody, custody dispute, custody evaluation, custody proceedings, expert evidence, Family Advocate, family court judgment, family law South Africa, habitual residence, interim custody, international child custody, international divorce, international family law, international jurisdiction, Mirror Orders, non-Hague country, Parental Abduction, parental coaching, Parental Rights, psychological assessment, Qatar family law, relocation application, Western Cape High Court When Borders Divide Families: M.K v A.J.K (11407/2023) [2025] ZAWCHC 288 (7 July 2025) – International Child Custody and the Qatar Dilemma. Factual Background: When Divorce Proceedings Cross International Borders This matter exemplifies the complex legal and practical challenges that arise when families with established lives in foreign jurisdictions face marital breakdown.… READ MORE
12/09/2024 Bertus Preller Adversarial Legal System, Alienation, Best Interests of the Child, Children, Divorce, Parental Alienation, Parental Coordinator, Parental Rights, Views of the Child alienating behavior, Child Psychology, child welfare, Child's Best Interests, court intervention, custody disputes, enmeshment, family dynamics, Family Law, legal precedent, parental alienation, psychological assessment, supervised contact, therapeutic intervention Breaking the Cycle: Legal Insights into Parental Alienation in High-Conflict Divorces. Understanding Parental Alienation: Definition and Key Characteristics Parental alienation is a complex psychological phenomenon that can emerge in high-conflict divorce or separation cases, often with devastating consequences for families. It… READ MORE
17/03/2024 Bertus Preller Best Interests of the Child, Children best interests, child advocacy, child development, child protection, child rights, child welfare, child-sensitive justice, children’s act, Constitutional Court, court judgments, cultural influences, custody disputes, educational well-being, Family Law, forensic social work, interdisciplinary approach, judicial decisions, Legal Analysis, legal guidelines, legal interpretation, legal principles, normative values, paramount consideration, Parental Rights, psychological assessment, socio-economic factors, South African Law Child-Centric Justice: Interpreting the Best Interests of the Child in South African Law. South African courts have long had experience in applying the “best interests” principle in matters such as custody or maintenance. In our new constitutional order, however, the scope of the… READ MORE
26/10/2023 Bertus Preller Children, Parental Rights, Views of the Child best interests of the child, children's act, contested guardianship, emotional needs, expert investigation, familial bonds, familial relationships, family dynamics, guardianship, independent expert, intellectual needs, interim contact, judicial investigation, legal precedent, psychological assessment, Section 23, Section 24, Section 7, South African High Court, upper guardian The Balancing Act: When Uncles Step In. A Child’s Best Interests, and How a South African Court Navigated Familial Bonds. D.T and Another v M.A.M.F (2023/032929) ZAGPJHC 1204 (24 October 2023) Background and Points in Limine The case revolved around the first and second applicants, who were the uncles of… READ MORE