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South Africa decisions
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S.P.E v B.N (015692/2025) [2025] ZAGPPHC 170 (20 February 2025)
The High Court dismissed an urgent application to suspend a Children’s Court interim care order or grant interim contact, holding that appeal or review was the proper route.
EW and Others, Ex parte [2025] ZAGPPHC 109; [2025] 2 All SA 191 (GP); 2025 (4) SA 211 (GP) (24 January 2025)
The court found that EW had not established domicile or habitual residence in South Africa as required by the Children’s Act for confirmation of a surrogacy agreement. The evidence showed that EW and WG currently reside and work in Switzerland, with only an intention to return to South Africa contingent on future employment and redundancy. The property in Pretoria was purchased for EW’s parents and not intended as the applicants’ residence. There was insufficient corroboration from family members and uncertainty regarding the applicants’ financial stability and living arrangements in South Af…
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C.A v F.A (111694/2024) [2024] ZAGPPHC 1116 (25 October 2024)
The court found the application to be urgent due to the applicant's imminent employment in the UK and the lack of alternative arrangements in South Africa. The applicant has been the primary caregiver since birth, and the relocation offers significant financial, educational, and familial benefits for the minor child. The respondent's objections regarding urgency and lack of investigation were rejected, as he was aware of the applicant's intentions and failed to provide substantive reasons why relocation would not be in the child's best interests. The court emphasized that the best interests o…
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M.M v M.A (109765/2023) [2024] ZAGPJHC 461 (7 April 2024)
The High Court allowed a mother to relocate two minor children to France in July 2024, with detailed contact, travel, therapy, and information-sharing orders.
M.E.M v M.E.M (2022-023698) [2023] ZAGPPHC 735 (28 August 2023)
Rule 43 interim divorce relief granted, giving the applicant primary care of three children, structured contact for the respondent, maintenance, and a legal-costs contribution.
T.N v Z.M (CA114/2022) [2023] ZAECMKHC 70 (23 May 2023)
The High Court upheld an appeal against a protection order, finding the respondent had not shown domestic violence on the evidence and dismissing the application.
A.R v A.T (2022/2513) [2023] ZAGPJHC 380 (25 April 2023)
The High Court granted a mother leave to relocate two young children to London, finding the move in their best interests and dismissing the father’s counter-application.
M v N (2021/22911) [2022] ZAGPJHC 882 (10 November 2022)
Interim divorce-related parenting dispute over a minor child. The court ordered therapy, structured contact, and gradual rebuilding of the father-child relationship.
Mofoka v S (A198/2022) [2022] ZAGPPHC 631 (16 August 2022)
On special review, the High Court corrected an unlawful five-year correctional supervision sentence for child neglect to the statutory maximum of three years.
Marima v Lesele (1065/2019) [2022] ZAGPJHC 380 (6 June 2022)
The court held that mediation under section 21(3) of the Children's Act is ordinarily mandatory where there is a dispute regarding the fulfilment of section 21(1)(a) or (b). The requirements in section 21(1)(b) are cumulative, as indicated by the use of 'and' in the statutory text. The rigid approach of motion proceedings is inappropriate in matters concerning children; instead, the court must seek all relevant information and facilitate conciliation and mediation to serve the child's best interests. The matter was referred to the Family Advocate for mediation, with structured reporting and t…
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