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South Africa Case Law

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Family And Children [2024] ZALMPPHC 80

X.S (7265/2024), In Re

X.S (7265/2024), In Re [2024] ZALMPPHC 80 (18 July 2024)

The High Court dispensed with a father’s consent for a minor’s educational trip to the United States, finding the travel in the child’s best interests.

  • Parental Consent For Travel
  • Best Interests Of Child
  • Guardianship
  • Child Participation
  • Children S Act Section 18
  • International Travel Of Minors
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Family And Children [2024] ZAGPPHC 213

LA v EFV (2024-017275)

LA v EFV (2024-017275) [2024] ZAGPPHC 213 (11 March 2024)

The court held that the applicant mother had demonstrated that the father's refusal to consent to the child's travel was unreasonable. The evidence showed that the child was involved in the planning of the trip, her views were considered, and all necessary arrangements for her welfare were made. The respondent failed to show that he had considered the child's views or acted in her best interests when refusing consent. The court clarified that the best interests of the child standard is not automatically applicable to section 18(5) applications, but the reasonableness of the withholding of con…

  • Children S Act Section 18
  • Consent To Travel
  • Guardianship
  • Best Interests Of Child
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Family And Children [2023] ZAGPJHC 1238

P.N v B.M (427/2021)

P.N v B.M (427/2021) [2023] ZAGPJHC 1238 (26 October 2023)

Rule 43 interim relief in a divorce matter: the court made the Family Advocate’s contact recommendations an order and ordered maintenance, stationery and costs contributions.

  • Parental Responsibilities And Rights
  • Maintenance Pending Divorce
  • Rule 43 Application
  • Children S Act Section 18
  • Contribution To Legal Costs
  • Rule-43
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Family And Children [2021] ZAFSHC 332

B v K (1169/2021)

B v K (1169/2021) [2021] ZAFSHC 332 (11 October 2021)

High Court family matter on child contact and parental responsibilities. Postponement was denied, joint parental rights were ordered, and supervised handover was required.

  • Parental Responsibilities And Rights
  • Child Contact And Access
  • Children S Act Section 18
  • Best Interests Of Child
  • Supervised Contact
  • Co Parenting Programs
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Family And Children [2020] ZAGPPHC 778

D.D v F.D (72897/2019)

D.D v F.D (72897/2019) [2020] ZAGPPHC 778 (27 November 2020)

Rule 43 interim-relief judgment awarding maintenance, contact arrangements, legal-cost contribution, and a forensic audit in a pending divorce.

  • Interim Maintenance
  • Parental Rights And Responsibilities
  • Contribution Towards Legal Costs
  • Maintenance Of Major Child
  • Forensic Audit In Divorce
  • Children S Act Section 18
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Civil Procedure [2018] ZAGPPHC 514

Stoffberg obo Xaba v Road Accident Fund; Keetse obo Matshidi v Road Accident Fund; Keetse obo Miambo In re Miambo v Road Accident Fund (6199-2013; 7891-2006; 58068-2011)

Stoffberg obo Xaba v Road Accident Fund; Keetse obo Matshidi v Road Accident Fund; Keetse obo Miambo In re Miambo v Road Accident Fund (6199-2013; 7891-2006; 58068-2011) [2018] ZAGPPHC 514; [2018] 3 All SA 145 (GP) (10 April 2018)

High Court judgment on defective curator ad litem applications in RAF matters, stressing strict compliance with Rule 57 and attorney independence.

  • Curator Ad Litem Appointment
  • Rule 57 High Court Rules
  • Legal Capacity
  • Children S Act Section 18
  • Contingency Fee Agreements
  • Curator-ad-litem
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Family And Children [2009] ZAECGHC 35

Campher v Cushing (CA 113/2009)

Campher v Cushing (CA 113/2009) [2009] ZAECGHC 35 (9 June 2009)

The court found that the trial judge misdirected herself by treating the matter as adversarial and applying an onus to the appellant, rather than conducting a judicial investigation into the child’s best interests. The evidence established that the minor child has a close, dependent relationship with his mother, and that separation would cause significant emotional harm, amounting to emotional abuse and abandonment. The concerns about the appellant’s ability to care for the child during treatment were not substantiated by the medical evidence, and arrangements were in place to provide support…

  • Children S Act Section 18
  • Best Interests Of Child
  • Parental Consent For Travel
  • Primary Care Giver
  • Urgent Application
  • Custody And Access
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