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
01/03/2024 Bertus Preller Abduction, Children, Hague Convention on the Civil Aspects of International Child Abduction, Parental Rights, Relocation, Views of the Child child custody law, child protection law, child welfare, Children's Best Interests, consent and acquiescence, cross-border family law, custody rights, Family Law, Hague Convention, International Child Abduction, international custody battle, Judicial Discretion, Justice Cloete, Legal Analysis, legal decision-making, legal fairness, Legal Jurisdiction, legal precedent, legal proceedings costs, MB v LC and Another, parental disputes, Plascon-Evans rule, South Africa legal system, wrongful retention Justice Prevails: Navigating International Child Abduction Law with Precision and Compassion. – MB v LC and Another (21586/2023) [2024] ZAWCHC 61 (29 February 2024). Introduction and Background The case adjudicated by Justice J Cloete, delves into a dispute under the Hague Convention on the Civil Aspects of International Child Abduction. This matter revolves around… READ MORE