15/06/2026 Bertus Preller 1996 Hague Convention, Abducting parent defences, Abduction, Article 13 defences, Article 13(a) consent, Article 13(b) grave risk, Children, Children's Court, Hague Convention on the Civil Aspects of International Child Abduction acquiescence, Ad Hoc Central Authority, ameliorative measures, Article 12, Article 13, Article 13(a), Article 13(b), Central Authority, Chapter 17, child abduction South Africa, Children’s Act 38 of 2005, Cloete J, ex post facto consent, grave risk defence, habitual residence, Hague Convention, International Child Abduction, KG v GB, Koch case, Penello, Plascon-Evans, relocation application, return order, rights of custody, Smith v Smith, Sonderup v Tondelli, undertakings, Western Cape High Court, wrongful retention Real, Positive and Unequivocal: How Ad Hoc Central Authority for the Republic of South Africa and Another v L.C.C (2026/034707) [2026] ZAWCHC 301 (10 June 2026) Tests Consent and Grave Risk Under the Hague Convention. This judgment is a useful working illustration of how our courts now approach return applications under the Hague Convention on the Civil Aspects of International Child Abduction, incorporated into our… 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
01/06/2024 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Guardianship, Parental Rights, Relocation, Views of the Child best interests of the child, child development, Child Relocation, child's views, Children’s Act 38 of 2005, clinical psychologist, co-parenting, competing interests, counselling psychologist, emotional well-being, expert evidence, Family Law, landmark decision, meaningful relationship, non-relocating parent, Parental Rights, parenting plan, reasonableness of relocation, relocating parent, relocation application, relocation assessment, relocation dispute, relocation factors, relocation hearing, relocation judgment, relocation order, section 28(2) Constitution, shared parenting, urgent relief V.L v F.N (4760/2024) [2024] ZAWCHC 146 (30 May 2024) – A Court Decision in Family Law on Child Relocation. Introduction In the recent case of V.L v F.N (4760/2024) ZAWCHC 146, delivered on 30 May 2024, the Western Cape High Court was faced with a complex and emotionally charged… READ MORE