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South Africa Case Law

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Family And Children [2017] ZAECPEHC 10

S.F.J v N.C.J (3628/2014)

S.F.J v N.C.J (3628/2014) [2017] ZAECPEHC 10 (9 February 2017)

Urgent custody relief concerning two minor children was postponed sine die because the court lacked an updated Family Advocate report and the divorce hearing was imminent.

  • Custody Of Minor Children
  • Interim Interdict
  • Best Interests Of Child
  • Family Advocate Report
  • Custody-of-minor-children
  • Best-interests-of-the-child
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Family And Children [2014] ZAFSHC 162

A v A (3505/2014)

A v A (3505/2014) [2014] ZAFSHC 162 (11 September 2014)

The court found that the applicant's claim for maintenance and contribution towards costs was supported by reasonable and moderate details, and not exaggerated. The respondent's stated expenses were found to be excessive and included items not fully disclosed, such as employer-paid cellphone bills. The respondent's willingness to meet his obligations was lacking. The applicant demonstrated insufficient means and the need for support, particularly in light of her disability and the best interests of the minor children. The respondent's fluctuating income and commission-based earnings did not a…

  • Maintenance Pendente Lite
  • Contribution Towards Costs
  • Custody Of Minor Children
  • Rule 43 Application
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Family And Children [2013] ZAFSHC 131

J J v K J and Another (5035/2012)

J J v K J and Another (5035/2012) [2013] ZAFSHC 131 (11 July 2013)

The court found that the applicant provided a reasonable explanation for his default, acted bona fide, and demonstrated a bona fide defence regarding the custody and maintenance of the minor children. The application for rescission was filed and served within the prescribed twenty-day period, and no condonation was required. The court held that the interests of the minor children warranted a full ventilation of the issues, including investigation by the Family Advocate. The relief sought satisfied the legal requirements for rescission, and the application was granted. Costs were ordered to be…

  • Rescission Of Judgment
  • Custody Of Minor Children
  • Maintenance
  • Default Judgment
  • Irretrievable Breakdown Of Marriage
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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.