South Africa Case Law

J.K.R.S v D.S (3095/2023)

J.K.R.S v D.S (3095/2023) [2023] ZAMPMHC 28 (30 August 2023)

Court

Middelburg High Court, Mpumalanga

Case number

3095/2023

Judge

L J N Bam

The court found that although the respondent is free to relocate and pursue her own life, the rights and best interests of the minor children are paramount. The respondent's failure to consult the applicant, a co-holder of parental rights, before making arrangements for relocation constituted a violation of both the applicant's and the children's rights. The court considered the disruption to the children's schooling and routine, particularly the negative impact on the eldest child, to be a reasonable concern. The court held that major decisions affecting the children require joint participat…

Source excerpt

• Children's Act 38 Of 2005
• Relocation Of Minor Children
• Parental Rights And Responsibilities
• Best Interests Of The Child
• Interim Interdict
• Schooling Disruption

J.M.M v S.T.N.M (5647/2019)

J.M.M v S.T.N.M (5647/2019) [2023] ZAGPPHC 43 (31 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

5647/2019

Judge

Malungana

A father sought contempt relief over denied contact with his children. The court declined to decide the contempt issue immediately and ordered a welfare investigation.

• Contempt Of Court
• Parenting Plan
• Best Interests Of Child
• Domestic Violence
• Care And Contact
• Children's Act 38 Of 2005

R.N.C.O v L.O and Others (11719/2021)

R.N.C.O v L.O and Others (11719/2021) [2022] ZAGPPHC 442 (17 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

11719/2021

Judge

E van der Schyff

High Court order on minor children: primary care went to the father, the mother received supervised contact and telephonic access, and each party paid its own costs.

• Parental Rights And Responsibilities
• Care And Contact
• Children's Act 38 Of 2005
• Best Interests Of Child
• Costs Orders
• Family-law

T.C v S.C (20286/2017)

T.C v S.C (20286/2017) [2018] ZAWCHC 46; 2018 (4) SA 530 (WCC) (18 April 2018)

Court

Western Cape High Court, Cape Town

Case number

20286/2017

Judge

D M Davis

The High Court dismissed a Rule 43 application seeking parenting coordination, a diabetes-treatment switch, and mid-week sleepover contact for two children.

• Parenting Coordination
• Children's Act 38 Of 2005
• Interim Relief
• Best Interests Of Child
• Delegation Of Judicial Authority
• Parenting-coordination

SA and Another v IO and Another (82202/2014)

SA and Another v IO and Another (82202/2014) [2014] ZAGPPHC 953 (8 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

82202/2014

Judge

K.LA.M Manamela

The High Court confirmed a surrogate motherhood agreement and authorised artificial fertilisation under the Children’s Act after finding statutory compliance.

• Surrogate Motherhood Agreement
• Children's Act 38 Of 2005
• Artificial Fertilisation
• Contractual Capacity
• Prohibition Of Commercial Surrogacy
• Surrogate-motherhood-agreement

D v D (2012/47100)

D v D (2012/47100) [2014] ZAGPJHC 132 (26 March 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2012/47100

Judge

Siwendu

The court varied a divorce settlement on parental responsibilities, giving the father primary residency and final decision-making authority while preserving the mother’s contact rights.

• Variation Of Settlement Agreement
• Parental Rights And Responsibilities
• Children's Act 38 Of 2005
• Best Interests Of Child
• Custody And Guardianship
• Variation-of-settlement-agreement