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South Africa decisions
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Vos v Muller (3282/2019) [2020] ZAMPMBHC 23 (28 October 2020)
The court refused a mother's request to change her minor children’s surname to that of their stepfather, ordering binding therapy first.
Govender v Director - General General of the Department of Home Affairs and Others (24613/2019) [2020] ZAGPPHC 19 (25 February 2020)
High Court review of a refusal to change a minor child’s surname. The court held the mother was the sole guardian and ordered the child’s surname changed to Govender.
L v H and Another (2205/2016) [2018] ZAKZDHC 61 (28 November 2018)
The court found that the applicant, as co-holder of full parental rights and responsibilities, had made out a case for the relief sought. The evidence showed prior agreement between the parties regarding the surname change and the inclusion of the applicant's particulars on the birth certificate. The court held that the best interests of the child standard required recognition of both parents and that a double-barrelled surname would not prejudice the child but rather affirm his identity and rights. The court rejected the respondent's jurisdictional argument, finding that in the absence of th…
Source excerpt
Mulomba v Idisa (2014/05881) [2014] ZAGPJHC 323; 2015 (3) SA 62 (GJ) (6 October 2014)
The court held that section 28 of the Children’s Act does not allow suspension of parental rights alone; both rights and responsibilities may be suspended together.
Monchusi v Taaibosch (1418/2013) [2013] ZAFSHC 209 (14 November 2013)
The court granted orders declaring the applicant the biological father, making a parenting plan an order of court, and awarding joint guardianship, but refused a surname-change order.
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