South Africa Case Law

C.J.V.C v M.V (005318/2025)

C.J.V.C v M.V (005318/2025) [2025] ZAGPJHC 176 (23 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

005318/2025

Judge

Abro

The court found that the applicant is vested with full parental responsibilities and rights in respect of the minor child under section 21 of the Children’s Act, as the parties lived together in a permanent life partnership at the time of the child's birth and the applicant has contributed to her upbringing and maintenance. The respondent's history of severe alcohol abuse and repeated relapses, coupled with her conduct in removing the child from the applicant's care, demonstrated a disregard for the child's best interests and safety. The High Court, as upper guardian, intervened to protect th…

Source excerpt

• Parental Responsibilities And Rights
• Children's Act Section 21
• Urgent Interim Care
• Supervised Contact
• Alcohol Abuse And Parenting
• Best Interests Of Child

M.M v A.V (2901/2010)

M.M v A.V (2901/2010) [2011] ZAWCHC 425 (16 November 2011)

Court

Western Cape High Court, Cape Town

Case number

2901/2010

Judge

J I Cloete

The High Court held that the biological father was entitled to parental responsibilities and rights and ordered a detailed parent plan reflecting the child’s best interests.

• Parental Responsibilities And Rights
• Parent Plan
• Children's Act Section 21
• Best Interests Of The Child
• Co Parenting
• Costs In Child Disputes

R.R.S v D.A.L (22994/2010)

R.R.S v D.A.L (22994/2010) [2010] ZAWCHC 618 (10 December 2010)

Court

Western Cape High Court, Cape Town

Case number

22994/2010

Judge

Desai

The Court found that the respondent's stay in South Africa was temporary, supported by documentary evidence such as a return air ticket, a one-year lease, and ongoing ties to the UK. The child was not born in South Africa, had no meaningful connection to the country, and the applicant failed to discharge the onus of proving habitual residence. Furthermore, the applicant did not meet the requirements of Section 21 of the Children's Act, as he did not contribute meaningfully to the child's upbringing or maintenance. The Court held that the Western Cape High Court had sufficient nexus to adjudic…

Source excerpt

• Hague Convention Child Abduction
• Habitual Residence
• Parental Responsibilities And Rights
• Children's Act Section 21
• Jurisdiction
• Maintenance Obligations