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South Africa Case Law

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Family And Children [2025] ZAWCHC 288

M.K v A.J.K (11407/2023)

M.K v A.J.K (11407/2023) [2025] ZAWCHC 288 (7 July 2025)

The High Court held that the child should remain in the mother’s care in South Africa pending divorce, and refused interim relocation to Qatar absent safeguards.

  • Child Relocation
  • Best Interests Of Child
  • Parental Care And Contact
  • Expert Evidence
  • Mirror Order
  • Hague Convention
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Family And Children [2025] ZAGPJHC 101

T.L.K v E.E.E.B (2024/149673)

T.L.K v E.E.E.B (2024/149673) [2025] ZAGPJHC 101 (10 January 2025)

High Court urgent family dispute over a mother’s relocation with a minor child, interim contact, and Family Advocate investigation.

  • Parental Responsibilities And Rights
  • Child Relocation
  • Interim Interdict
  • Best Interests Of Child
  • Urgent Application Procedure
  • Child-relocation
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Family And Children [2024] ZAMPMHC 58

L.S.M v T.C.T (3701/2021)

L.S.M v T.C.T (3701/2021) [2024] ZAMPMHC 58 (8 November 2024)

The High Court granted a mother leave to relocate her minor child to Mauritius, finding the move bona fide, reasonable, and in the child’s best interests.

  • Child Relocation
  • Primary Residence
  • Parental Consent
  • Best Interests Of Child
  • Custody
  • Visitation Rights
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Family And Children [2024] ZAGPJHC 292

C.K v J.J.S (2023/058030)

C.K v J.J.S (2023/058030) [2024] ZAGPJHC 292 (22 March 2024)

The High Court refused a mother's urgent bid to relocate with her 11-year-old son to Ballito, finding the move would not serve his best interests.

  • Child Relocation
  • Best Interests Of Child
  • Children S Act
  • Parental Rights
  • Psychological Evidence
  • Child-relocation
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Family And Children [2023] ZAECMKHC 139

D.J.H. v A.H (914/2023)

D.J.H. v A.H (914/2023) [2023] ZAECMKHC 139 (12 December 2023)

The court barred a mother from relocating with an 11-year-old child to Somerset West, holding that the child’s best interests required remaining in Graaff-Reinet.

  • Child Relocation
  • Best Interests Of Child
  • Parental Responsibilities
  • Children Act 38 Of 2005
  • Primary Caregiver
  • Parental Contact
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Family And Children [2023] ZAWCHC 288

T.S v S.D (7389/2023)

T.S v S.D (7389/2023) [2023] ZAWCHC 288 (20 November 2023)

High Court granted the mother permission to relocate two minor children from South Africa to Dubai, finding the move bona fide, reasonable, and in their best interests.

  • Child Relocation
  • Parenting Plan Variation
  • Best Interests Of Child
  • International Enforcement
  • Parental Rights And Responsibilities
  • Child-relocation
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Family And Children [2023] ZAFSHC 196

L.V.A v J.V.A (1747/2023)

L.V.A v J.V.A (1747/2023) [2023] ZAFSHC 196 (28 April 2023)

The court granted interim leave for a mother to relocate with her 9-year-old child to Upington and enroll her in home schooling, pending a Family Advocate report.

  • Child Relocation
  • Best Interests Of Child
  • Home Schooling
  • Custody And Access
  • Child-relocation
  • Best-interests-of-the-child
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Family And Children [2022] ZAGPJHC 1044

P.M.N v N.N (061732/2022)

P.M.N v N.N (061732/2022) [2022] ZAGPJHC 1044 (29 December 2022)

The court granted an urgent interdict stopping a mother from relocating a 14-year-old child from Johannesburg to Cape Town pending further court order.

  • Child Relocation
  • Parental Alienation
  • Urgent Interdict
  • Parenting Plan
  • Bonding Therapy
  • Child-relocation
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Family And Children [2022] ZAGPJHC 1034

D v D (14582/2022)

D v D (14582/2022) [2022] ZAGPJHC 1034 (19 December 2022)

The High Court allowed the father to relocate the parties’ 13-year-old child to Croatia, holding that the move served the child’s best interests and setting detailed contact arrangements.

  • Child Relocation
  • Best Interests Of Child
  • Parental Responsibilities And Rights
  • Voice Of The Child
  • Parenting Plan
  • Costs In Family Law
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Family And Children [2022] ZAGPJHC 511

ZO v JO (2022/14941)

ZO v JO (2022/14941) [2022] ZAGPJHC 511 (15 June 2022)

The court found that the order of 10 May 2022 authorizing the respondent to relocate with the minor children to the Western Cape was final in nature, as it disposed of the crucial issue of the children's residence and did not provide a mechanism for reconsideration absent fresh proceedings. Accordingly, the filing of an application for leave to appeal automatically suspended the operation and execution of the relocation order. The respondent failed to bring an application under section 18(3) to implement the order pending appeal, and even if such an application had been made, the court was no…

  • Child Relocation
  • Best Interests Of Child
  • Automatic Suspension Of Order
  • Rule 43 Proceedings
  • Section 18 Suspension
  • Parental Contact
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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.