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Best Interests of Children Triumph Over Expert Recommendations: D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025).

Introduction: A Modern Family's Legal Journey in the Western Cape High Court In a landmark judgment delivered electronically on 23 January 2025, the Western Cape High Court grappled with complex…

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Selling the Family Home? Court Protects Children’s Rights to Shelter in Ruling: MSH v JSH (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024).

Background: The Sale of the Matrimonial Home and Rule 43 Variation In a recent Western Cape High Court decision, M.S.H v J.S.H (Reasons) (618/2019) ZAWCHC 406 (29 November 2024), the…

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When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024).

Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the…

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DR v NM and RL: Western Cape High Court Upholds Best Interests of Children in Dismissing Leave to Appeal of DR v NM and Another (3358/2024) [2024] ZAWCHC 69 – (7 June 2024).

Introduction In a recent judgment, the Western Cape High Court dismissed an application for leave to appeal brought by the first respondent against an order directing the Office of the…

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Deciphering the Best Interests: A Legal Analysis of a Child’s Schooling in Divorce – U.R v S.B and Others (2024-001357) [2024] ZAGPJHC 55 (25 January 2024)

Introduction: Urgent School Enrollment Dispute In this urgent legal matter brought before the court on 11 January 2024, the core issue revolved around the schooling of a minor child amidst…

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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…

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