24/06/2025 Bertus Preller Abduction, Best Interests of the Child, Children, Contempt of Court, Costs, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, Immigration, International Divorce, International Family Law, International Travel, Joint Decision Making, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation attorney and client scale, best interests of children, care and contact assessment, child abduction, child custody orders, contempt of court, contempt proceedings urgency, cross-border custody disputes, cross-border litigation, divorce proceedings, Easter holiday dispute, emergency passports, family court jurisdiction, Hague Convention, hearsay evidence, international child retention, international enforcement, judicial authority vindication, Jurisdictional Challenges, mala fides presumption, postponement applications, punitive costs, sine die postponement, South African Family Law, suspended imprisonment, Swiss courts, travel documentation, Western Cape High Court, wilful non-compliance When Easter Holidays Turn Into International Child Retention: T.A.M-W v C.M.M (2025/030666) [2025] ZAWCHC 217 (23 May 2025) and the Limits of Cross-Border Contempt Orders. Key Takeaways This landmark judgment demonstrates that South African courts will not hesitate to use their full arsenal of sanctions when parties deliberately flout agreed court orders, particularly where children's… READ MORE
13/11/2024 Bertus Preller Alimony, Appeal, Arrear Maintenance Variation, Arrears, Best Interests of the Child, Child Maintenance, Children, Costs, Maintenance, Maintenance Court, Variation child interests, child maintenance, child rights, Constitutional Court, court access, judicial authority, judicial integrity, Legal Practitioners, Maintenance Act, maintenance appeals, maintenance arrears, maintenance beneficiaries, maintenance claims, maintenance compliance, maintenance courts, maintenance default, maintenance discharge, maintenance enforcement, maintenance judgments, maintenance jurisdiction, maintenance law, maintenance obligations, maintenance officers, maintenance orders, maintenance proceedings, maintenance variations, maintenance write-offs, Prescription Period, punitive costs, SS v VV-S Maintenance Orders in South African Law Constitutional Court Jurisprudence and Fundamental Principles Introduction The enforcement of maintenance orders in South Africa has evolved significantly through Constitutional Court jurisprudence. The landmark case SS v VVS 2018 (6)… READ MORE
18/10/2024 Bertus Preller Adversarial Legal System, Best Interests of the Child, Child Maintenance, Children, Cohabitation, Costs, Divorce, International Divorce, Procedural Law, Relocation, Separation Applications child maintenance, cross-border family law, Dubai relocation, enforceability, High Court Judgment, international divorce, jurisdiction, minor children's interests, punitive costs, Rule 33(4), Rule 43, separation of issues, South Africa, Urgent Application Dubai Dreams vs. Divorce Duties: GK v KK (2015-96997) [2024] ZAGPPHC 1015 (16 October 2024) – Unravels International Family Law Challenges in Separation Applications. Background: The Complexities of an International Divorce The case of GK v KK (2015-96997) ZAGPPHC 1015 (16 October 2024) highlights the intricate challenges that arise when divorce proceedings intersect with… READ MORE
09/09/2024 Bertus Preller Arrears, Children, Contempt of Court, Divorce, Maintenance, Procedural Law, Procedure, Punitive Cost Orders, Recission of Divorce Orders, Settlement agreements, Urgency attorney-client costs, best interests of the child, child adoption, consent paper, court order, custody, Divorce, Family Law, High Court, mental capacity, Parental Rights, punitive costs, rescission, settlement agreement, South African Law Mental Capacity and Punitive Costs: The Cautionary Tale of C.H v A.C and Others (13612/2024) [2024] ZAWCHC 245. (4 September 2024) Background: A Tumultuous Divorce and Custody Battle The case of C.H v A.C and Others (13612/2024) ZAWCHC 245 unfolds against a backdrop of protracted legal skirmishes following the breakdown of… READ MORE
31/07/2024 Bertus Preller Actio communi dividundo, Adversarial Legal System, Best Interests of the Child, Children, Costs, Divorce, Hostile Family Lawyers, Marital Regimes, Rule 43 actio communi dividundo, best interests of the child, children's interests, costs order, divorce proceedings, equity, family disputes, Family Law, Gauteng Division, High Court, joint ownership, legal precedent, litigation conduct, matrimonial home, Property Division, property rights, punitive costs, Robson v Theron, Rule 43, scale B costs, South African Law, transfer of property, valuation Dividing the Family Home and Awarding Costs: N M v M M and Another (2023/008561) [2024] ZAGPJHC 1818 Balances Property Rights, Children’s Interests, and Litigation Conduct. The Actio Communi Dividundo: Terminating Joint Ownership During Divorce Proceedings In the recent case of N M v M M and Another (2023/008561) ZAGPJHC 1818 (24 July 2024), the Gauteng… READ MORE
17/05/2024 Bertus Preller Abuse, Digital Abuse, Divorce, Interdict, Marriage, Privacy Rights answering affidavit, Bernstein and Others v Bester NO and others, closed-circuit television, community's sense of justice, Constitutional Rights, disclosure of private facts, dishonest litigant, expert witness, Financial Mail (Pty) Ltd v Sage Holdings Ltd, iCloud, interdict, iTunes, matrimonial home, O'Keeffe v Argus Printing and Publishing Co Ltd, privacy, punitive costs, S v I, Section 14, sexual encounter, South African Constitution, unlawful intrusion, Urgent Application, video footage, WhatsApp Ex-Husband Pays the Price for Secret Video Scandal. The Right to Privacy Triumphs: CEA v MB (D4460/2023) [2024] ZAKZDHC 26 (17 May 2024) THE FACTS OF THE CASE The case of CEA v MB, heard in the High Court of South Africa, KwaZulu-Natal Local Division, Durban, involved a woman (the applicant) who sought… READ MORE