30/09/2025 Bertus Preller Alimony, Civil contempt South Africa, Contempt of Court, Costs, Maintenance, Procedural Law, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance, Unaffordability defence, Variation Rule 43(6) affordability defence evidence, civil contempt South Africa, constitutional rights maintenance, contempt of court, contribution to legal costs, Equality of Arms, Fakie test contempt, financial disclosure requirements, Gauteng High Court Johannesburg, joint estate litigation, judicial integrity, late filing affidavits, maintenance arrears, mala fide conduct, procedural abuse family law, punitive costs order, Rule 43 proceedings, Rule 43(6) variation, section 10 dignity, section 34 access to justice, section 9 equality, spousal maintenance non-payment, suspended sentence contempt, T.F.C v B.J.C 2025, unaffordability defence, Uniform Rules of Court, warrant of arrest maintenance, wilful non-compliance, ZAGPJHC 956 When “I Cannot Afford It” Fails: Contempt, Constitutional Rights and Procedural Abuse in T.F.C v B.J.C (21300/2022) [2025] ZAGPJHC 956 (25 September 2025). From Rule 43 Relief to Repeated Refusal: The Factual Matrix of Mounting Non-Compliance The factual backdrop to this contempt application reveals a distressing pattern of deliberate defiance that began almost… READ MORE
27/02/2025 Bertus Preller Best Interests of the Child, Children, Costs, Parental Alienation, Procedure, Relocation attorney-client costs, best interests of child, Cape Town High Court, Child Relocation, children's act, co-holder rights, co-parenting decisions, dance education, dance talent, Hermanus relocation, Judge Pangarker, maintenance increase, maintenance variation, material non-disclosure, mediation withdrawal, non-disclosure penalties, Parental Rights, parenting plan, professional assessment, punitive costs order, Rule 6(12), school change dispute, Section 31 Children's Act, Self-Created Urgency, South African Family Law, urgent applications Dance Dreams vs Parental Rights: How Self-Created Urgency Cost a Mother in C.H v L.H (32/2025) [2025] ZAWCHC 11 (23 January 2025). The Facts: Dance Dreams and Relocation Dispute In the recent Western Cape High Court case of C.H v L.H (32/2025) ZAWCHC 11 (23 January 2025), Judge Pangarker was tasked with… READ MORE