South Africa Case Law

DR v NM and Another (3358/2024)

DR v NM and Another (3358/2024) [2024] ZAWCHC 165 (7 June 2024)

Court

Western Cape High Court, Cape Town

Case number

3358/2024

Judge

Lekhuleni

The court found that the best interests of the minor children are paramount and must take precedence over the wishes or rights of the parties. The applicant's affidavits raised serious concerns about the first respondent's parenting capacity and mental health, which justified a care and contact assessment by the family advocate. The fact that the applicant withdrew the relief for primary care at the hearing does not preclude the court from exercising its discretion to safeguard the children's interests. The order for assessment is interlocutory and not appealable, as it does not finally dispo…

Source excerpt

• Care And Contact Assessment
• Best Interests Of Child
• Parenting Capacity
• Children's Act Section 23
• Superior Courts Act Section 17

DR v NM and Another (3358/2024)

DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024)

Court

Western Cape High Court, Cape Town

Case number

3358/2024

Judge

Lekhukeni

The court found that the applicant, while not holding formal parental rights, demonstrated a significant and committed relationship with LM and WML, having cared for them as part of a blended family. The evidence showed that maintaining contact, including overnight access to LM, is in the child's best interests and supports stability and continuity. The court rejected the respondents' argument that the applicant's lack of formal rights should preclude overnight contact, noting the applicant's consistent caregiving and the absence of any risk to the children. Regarding WML, the court held that…

Source excerpt

• Children's Act Section 23
• Surrogate Motherhood
• Parental Rights And Responsibilities
• Best Interests Of Child
• Overnight Contact
• Care And Contact Assessment

A.M v S.W (7813/2022)

A.M v S.W (7813/2022) [2022] ZAWCHC 84 (16 May 2022)

Court

Western Cape High Court, Cape Town

Case number

7813/2022

Judge

Lekhuleni

The High Court found an urgent application about child care and contact was not urgent and removed it from the roll, while directing the Family Advocate to investigate.

• Care And Contact Assessment
• Best Interests Of Child
• Urgency In Application
• Appointment Of Expert
• Children S Act
• Mediation In Divorce