South Africa Case Law

C.M v N.G (8026/2011)

C.M v N.G (8026/2011) [2012] ZAWCHC 37; 2012 (4) SA 452 (WCC); [2012] 3 All SA 104 (WCC) (26 April 2012)

Court

Western Cape High Court, Cape Town

Case number

8026/2011

Judge

Gangen

The court found that the applicant and respondent jointly intended to have a child and both acted as parents during the child's formative years. The Children's Act does not restrict parental responsibilities and rights to biological or married parents. Section 23 must be interpreted to allow the court to grant both care and contact to an interested person where it serves the child's best interests. Section 24(3) does not require deprivation of the existing guardian's rights for co-guardianship; the High Court retains inherent jurisdiction to grant joint guardianship. The evidence established…

Source excerpt

• Parental Responsibilities And Rights
• Children S Act
• Co Guardianship
• Best Interests Of Child
• Artificial Insemination
• Parental Plan

N.V.D.P (Born E.W) v J.I.D.P (4664/2007)

N.V.D.P (Born E.W) v J.I.D.P (4664/2007) [2011] ZAWCHC 424 (15 November 2011)

Court

Western Cape High Court, Cape Town

Case number

4664/2007

Judge

S.C. Kirk-Cohen

Divorce action in which the court rejected the husband’s alleged loan claim, granted absolution from the instance on that issue, and ordered co-parenting arrangements.

• Divorce
• Parental Rights And Responsibilities
• Co Guardianship
• Children S Act
• Absolution From Instance
• Alleged-loan