South Africa Case Law

L.M v D.J.S

L.M v D.J.S [2023] ZAGPPHC 107; 59537/2021 (8 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

59537/2021

Judge

SC Vivian

The court found that the evidence established binding agreements between the parties regarding maintenance and the use of the motor vehicle. The provision of the motor vehicle was not a donation but formed part of the Respondent's maintenance obligations for the minor child. The Respondent tacitly accepted the Applicant's requests for increased maintenance, as evidenced by his conduct and payments. The Respondent's subsequent unilateral reduction of payments and attempt to deduct the vehicle instalment from maintenance were impermissible. The disputes of fact raised by the Respondent were not…

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• Maintenance Agreement
• Child Contact Rights
• Tacit Contract
• Executory Donation
• Variation Of Agreement

B v B (38184/2021)

B v B (38184/2021) [2021] ZAGPJHC 448 (14 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

38184/2021

Judge

M A Makume

The court found that the respondent's refusal to permit contact between the applicant and the minor children was not motivated by vindictiveness or the pending divorce, but by a genuine concern for their welfare and the need to protect them during a sensitive investigation into alleged sexual abuse. Allowing contact at this stage could compromise both the children's well-being and the integrity of ongoing police and social worker assessments. The urgency of the matter was acknowledged, but the court determined that it would be premature and potentially harmful to grant the relief sought by th…

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• Child Contact Rights
• Best Interests Of Child
• Interim Relief
• Sexual Abuse Allegation

Mabule v Mabo (614/2021)

Mabule v Mabo (614/2021) [2021] ZAFSHC 194 (9 September 2021)

Court

Free State High Court, Bloemfontein

Case number

614/2021

Judge

Chesiwe

Contempt application over child-contact arrangements dismissed; the court referred the matter to the Family Advocate and ordered interim contact.

• Contempt Of Court
• Child Contact Rights
• Parenting Plan
• Children S Act
• Best Interests Of Child
• Contempt-of-court

D v C (A5061/2014)

D v C (A5061/2014) [2016] ZAGPJHC 392 (18 August 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A5061/2014

Judges

M Victor, M A Makume, S Weiner

The court held that the best interests of the child must be assessed at the time of hearing, not according to outdated legal principles. The appellant’s persistent alienation of the child from the respondent was found to be a grave injustice and contrary to constitutional and statutory norms. Although the child, now 17, expressed strong resistance to contact, the expert evidence and legal principles supported the father’s right to seek contact. The order of the court a quo was upheld, but its implementation was deferred to allow for sensitive intervention by Ms Du Toit, who is to explain the…

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• Parental Alienation
• Child Contact Rights
• Children S Act
• Best Interests Of Child
• Costs Order
• Court Order Implementation

C.R.I v M.R.I (EL 1691/11, ECD 2228/11)

C.R.I v M.R.I (EL 1691/11, ECD 2228/11) [2012] ZAECELLC 13 (24 August 2012)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1691/11, ECD 2228/11

Judge

J.E Smith

The High Court ordered supervised contact between a father and his two minor children, despite their refusal, applying the best-interests test and section 10 of the Children's Act.

• Child Contact Rights
• Best Interests Of Child
• Children's Act Section 10
• Supervised Access
• Parental Responsibility
• Child-contact-rights