South Africa Case Law

C.B v K.E.B (4625/2021)

C.B v K.E.B (4625/2021) [2023] ZAGPPHC 2053 (29 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

4625/2021

Judge

M Malatsi-Teffo

The court found that the urgency regarding the appointment of a forensic expert was self-created, as the applicant had long been aware of the child's distress but failed to act promptly. The Rule 43 application already addressed issues of access, custody, and expert appointment, providing an alternative remedy. However, the dispute over school enrolment was urgent because the child risked losing her place for the upcoming academic year if the deadlock persisted. The court exercised its discretion as upper guardian, prioritizing the child's best interests over parental convenience. It determin…

Source excerpt

• School Enrolment Dispute
• Best Interests Of Child
• Parental Responsibilities And Rights
• Children Act Section 18
• Urgency Rule 6 12
• Custody And Contact

B.S.K v A.R (A80/2022)

B.S.K v A.R (A80/2022) [2022] ZAFSHC 361 (29 December 2022)

Court

Free State High Court, Bloemfontein

Case number

A80/2022

Judges

N.M. MBHELE, C.J MUSI, C. REINDERS

High Court appeal about a mother's relocation to Ireland with a minor child was upheld, with the child’s best interests and the father’s contact rights addressed.

• Relocation Of Minor Child
• Parental Alienation
• Custody And Contact
• Best Interests Of Child
• Child-relocation
• Parental-alienation

S.P.M v R.T.S (10013/2021)

S.P.M v R.T.S (10013/2021) [2022] ZAGPPHC 44 (26 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

10013/2021

Judge

Van der Schyff

Rule 43 interim relief in a divorce matter: the court granted maintenance, parental rights, contact arrangements, and costs against the respondent.

• Maintenance Pendente Lite
• Parental Responsibilities And Rights
• Custody And Contact
• Children Act 38 Of 2005
• Rule-43
• Maintenance-pendente-lite