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South Africa decisions
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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.
S.P.M v R.T.S (10013/2021) [2022] ZAGPPHC 44 (26 January 2022)
Rule 43 interim relief in a divorce matter: the court granted maintenance, parental rights, contact arrangements, and costs against the respondent.
A.J v G.J.J (10690/18) [2021] ZAGPJHC 76 (20 May 2021)
The court found that the applicant's reasonable maintenance needs, including rent and debt repayments, must be met pending the divorce action. The respondent's financial disclosures revealed income well above his stated amounts, justifying an increment in maintenance. The interim care regime for the minor child L was agreed and found appropriate, with supervised and phased unsupervised contact subject to a social worker's recommendation. Although the respondent is not legally obliged to support D, his historic role in loco parentis and the need to preserve the status quo warranted continued s…
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V.S.M and Another v Minister of Police of the Government of the Republic of South Africa (68/2012) [2013] ZAGPPHC 201; 2013 (5) SA 622 (GNP) (3 July 2013)
The court finds that the right to family care or parental care under section 28(1)(b) of the Constitution is a constitutional right deserving of protection and enforcement. The Children’s Act provides a broader definition of care, encompassing more than financial support. South African law recognises constitutional damages as appropriate relief for infringement of constitutional rights. The Plaintiffs are entitled to claim constitutional damages on behalf of the minor children for the unlawful deprivation of their father’s parental care due to the proven unlawful conduct of the Defendant’s em…
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Ex parte: WH and Others (29936/11) [2011] ZAGPPHC 185; 2011 (6) SA 514 (GNP); [2011] 4 All SA 630 (GNP) (27 September 2011)
The court confirmed a surrogacy agreement, holding the same-sex commissioning parents and surrogate were suitable and that the arrangement complied with the Children’s Act.
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