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South Africa Case Law

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Family And Children [2025] ZAGPPHC 262

M.M.V.Z v R.T.D.M.V.Z (076638/2023)

M.M.V.Z v R.T.D.M.V.Z (076638/2023) [2025] ZAGPPHC 262 (17 March 2025)

Rule 43 interim relief was refused in a pending divorce because the applicant’s evidence of need was not persuasive and her financial position had improved.

  • Rule 43 Interim Relief
  • Spousal Maintenance
  • Child Custody
  • Legal Cost Contribution
  • Rule-43-interim-relief
  • Spousal-maintenance
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Family And Children [2025] ZAGPPHC 188

M.A.M (Born M) v M.D.M (007044/22)

M.A.M (Born M) v M.D.M (007044/22) [2025] ZAGPPHC 188 (26 February 2025)

Divorce judgment awarding division of the joint estate, rehabilitative spousal maintenance for five years, child residence with the plaintiff, and pension sharing.

  • Division Of Joint Estate
  • Spousal Maintenance
  • Child Custody
  • Rehabilitative Maintenance
  • Pension Interest
  • Parental Rights
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Family And Children [2024] ZAFSHC 74

G.T v J.J.T (5617/2023)

G.T v J.J.T (5617/2023) [2024] ZAFSHC 74 (29 February 2024)

Rule 43 parenting and maintenance order in a divorce matter. The court rejected supervised contact, granted joint parental rights, and set phased unsupervised contact and maintenance.

  • Parental Responsibilities
  • Child Custody
  • Maintenance
  • Children S Act
  • Best Interests Of Child
  • Rule-43
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Family And Children [2024] ZAGPPHC 140

R.K.K v M.D.K (20413/2022)

R.K.K v M.D.K (20413/2022) [2024] ZAGPPHC 140 (20 February 2024)

Rule 43 interim relief in a divorce dispute: the court ordered spousal maintenance, a legal costs contribution, and a child psychologist assessment.

  • Rule 43 Interim Relief
  • Spousal Maintenance
  • Child Custody
  • Contribution To Legal Costs
  • Parental Rights
  • Best Interests Of Child
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Family And Children [2023] ZAGPPHC 41

J.L.M v K.W.K.M (2023-002520)

J.L.M v K.W.K.M (2023-002520) [2023] ZAGPPHC 41 (29 January 2023)

The High Court held that a Rule 43 interim order was not appealable, was not suspended by leave to appeal, and could be enforced. The contempt bid failed.

  • Rule 43 Interim Relief
  • Child Custody
  • Appealability Of Interim Orders
  • Contempt Of Court
  • Costs Orders
  • Rule-43
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Family And Children [2022] ZAMPMBHC 67

C.G.S v S.B.S (3616/2020)

C.G.S v S.B.S (3616/2020) [2022] ZAMPMBHC 67 (12 August 2022)

Divorce judgment on joint estate division, pension interests, child residence and costs, with the court refusing forfeiture and ordering equal division.

  • Divorce In Community Of Property
  • Pension Fund Division
  • Forfeiture Of Patrimonial Benefits
  • Child Custody
  • Maintenance
  • Costs Award
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Family And Children [2022] ZAKZDHC 7

S[....] v S[....] (D7960/2019)

S[....] v S[....] (D7960/2019) [2022] ZAKZDHC 7 (18 February 2022)

The High Court dismissed a father’s bid to enforce a mirror order returning a child to the UK, finding the child’s best interests required him to remain with his mother in South Africa.

  • Child Custody
  • Best Interests Of Child
  • Mirror Order Enforcement
  • International Child Abduction
  • Hague Convention
  • Parental Contact
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Family And Children [2021] ZAFSHC 222

L.B v C.B and Another (2650/2020)

L.B v C.B and Another (2650/2020) [2021] ZAFSHC 222 (28 October 2021)

Interim parenting order pending divorce granted shared weekly residence and full parental rights to both parents, guided by the child’s best interests.

  • Child Custody
  • Parental Rights And Responsibilities
  • Best Interests Of Child
  • Shared Residence
  • Children S Act
  • Rule 43 Procedure
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Family And Children [2021] ZAGPPHC 230

M[...] v B[...] (16306/2021)

M[...] v B[...] (16306/2021) [2021] ZAGPPHC 230 (12 April 2021)

Urgent interim relocation and custody dispute over a six-year-old child. The court awarded primary care to the father pending Family Advocate investigation.

  • Child Custody
  • Best Interests Of Child
  • Parental Rights And Responsibilities
  • Relocation Of Minor
  • Interim Care And Contact
  • Children Act Section 7 And 9
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Family And Children [2020] ZAECGHC 92

OLJ v OLA (1370/2018)

OLJ v OLA (1370/2018) [2020] ZAECGHC 92 (21 August 2020)

The court recorded the applicant’s compliance with an earlier order to return the minor children, declined further action for now, and warned against повторed non-compliance.

  • Child Custody
  • Contempt Of Court
  • Rule 43 Proceedings
  • Child-custody
  • Contempt-of-court
  • Rule-43-proceedings
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.