South Africa Case Law

Ad Hoc Central Authority for the Republic of South Africa and Another v DM (18862/2023)

Ad Hoc Central Authority for the Republic of South Africa and Another v DM (18862/2023) [2024] ZAWCHC 170 (19 June 2024)

Court

Western Cape High Court, Cape Town

Case number

18862/2023

Judge

J Cloete

The applicants failed to discharge the onus of proving that the children were habitually resident in Germany immediately before their retention in South Africa. The evidence did not support a mutual intention to relocate permanently to Germany, and the circumstances indicated the move was temporary and prompted by the pandemic. The father's actions, such as hiding the children's passports, further undermined the claim of habitual residence. Consequently, the Hague Convention does not apply. Even if habitual residence had been established, the mother did not meet the high threshold required fo…

Source excerpt

• Child Abduction
• Habitual Residence
• Hague Convention
• Children's Best Interests
• Interim Contact
• Jurisdictional Facts

T (3619/2014), R v

T (3619/2014), R v [2015] ZAFSHC 228 (29 October 2015)

Court

Free State High Court, Bloemfontein

Case number

3619/2014

Judge

Opperman, AJ

The court varied a child care and residence order, naming the father as primary residence provider and leaving maintenance provisionally in place.

• Variation Of Care Order
• Parental Responsibilities And Rights
• Maintenance
• Children's Best Interests
• Contact Rights
• Child-care-and-contact