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South Africa decisions
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TH v CH (14667/2022) [2024] ZAWCHC 100 (9 April 2024)
High Court order varying child contact arrangements after concerns over the mother’s conduct, substance use, and an assault incident. Phased contact and a parenting coordinator were ordered.
Central Authority (The Republic of South Africa) and Another v H (150/19) [2019] ZAGPPHC 85 (15 March 2019)
The court found that E D H was habitually resident in Luxembourg prior to her removal and that her removal was wrongful under the Hague Convention. The respondent failed to establish, on a balance of probabilities, that returning E would expose her to grave psychological harm or place her in an intolerable situation as contemplated by Article 13(b). The court considered the expert reports and undertakings by the second applicant to provide financial support, which mitigated the respondent's concerns. The respondent's potential arrest in Luxembourg was not substantiated and any consequences wo…
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