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South Africa Case Law

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Family And Children [2025] ZAGPJHC 260

T.M.N v Y.N (2024/110088)

T.M.N v Y.N (2024/110088) [2025] ZAGPJHC 260 (13 March 2025)

The High Court changed the children’s primary residence to the applicant, citing the respondent’s alcohol use, conflictual co-parenting, and parental alienation concerns.

  • Primary Residence
  • Parental Alienation
  • Alcohol Abuse
  • Co Parenting
  • Children Best Interests
  • Expert Evidence
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Family And Children [2017] ZAWCHC 157

S v S (9086/16; 8658/16; 2179/14)

S v S (9086/16; 8658/16; 2179/14) [2017] ZAWCHC 157 (28 June 2017)

The court found that the plaintiff’s litigation was driven by personal animosity and a desire for control, rather than the best interests of the children. The evidence, including expert reports and the facilitator’s directives, overwhelmingly supported the children remaining in the primary care of the defendant at Rooi-Els. The relocation was bona fide, reasonable, and communicated in advance. The plaintiff’s claims for relocation and primary care were dismissed as contrary to the children’s welfare. The court held that punitive costs orders were justified due to the plaintiff’s conduct, whic…

  • Parenting Plan
  • Relocation Of Minor Children
  • Costs In Child Related Litigation
  • Facilitation And Mediation
  • Co Parenting
  • Psychotherapy Orders
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Family And Children [2011] ZAWCHC 425

M.M v A.V (2901/2010)

M.M v A.V (2901/2010) [2011] ZAWCHC 425 (16 November 2011)

The High Court held that the biological father was entitled to parental responsibilities and rights and ordered a detailed parent plan reflecting the child’s best interests.

  • Parental Responsibilities And Rights
  • Parent Plan
  • Children's Act Section 21
  • Best Interests Of The Child
  • Co Parenting
  • Costs In Child Disputes
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.