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South Africa Case Law

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Family And Children [2024] ZAGPJHC 1080

M.A.D.T v M.D.T (2023/132917)

M.A.D.T v M.D.T (2023/132917) [2024] ZAGPJHC 1080 (25 September 2024)

The court ordered a forensic psychologist’s investigation in a custody dispute, kept the younger child’s arrangement unchanged, and gave interim residence of the older child to the applicant.

  • Parental Responsibilities And Rights
  • Best Interests Of Child
  • Custody Variation
  • Children's Act Section 22
  • Forensic Psychological Investigation
  • Best-interests-of-the-child
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Family And Children [2014] ZAGPPHC 233

S.I.C v N.M.C (1234/13)

S.I.C v N.M.C (1234/13) [2014] ZAGPPHC 233 (23 April 2014)

The court varied an interim custody order to expand a father's contact with his children, but postponed permission to remove them from South Africa.

  • Custody Variation
  • Parental Responsibilities
  • Contact Rights
  • Urgent Interim Relief
  • Custody-variation
  • Parental-responsibilities
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Family And Children [2013] ZAGPPHC 251

M.S v N.W.B (46820/201)

M.S v N.W.B (46820/201) [2013] ZAGPPHC 251 (16 August 2013)

The court allowed a mother to temporarily relocate to the UK with her child, granted her sole custody, and preserved the father’s access rights.

  • Custody Variation
  • Removal Of Minor From Jurisdiction
  • Best Interests Of Child
  • Access Rights
  • Child-custody
  • Child-relocation
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Family And Children [2011] ZAECGHC 50

Muller v Gorenewald (2624/11)

Muller v Gorenewald (2624/11) [2011] ZAECGHC 50 (22 September 2011)

The High Court dismissed an application to compel the respondent to undergo psychological examinations before trial in a child custody variation dispute.

  • Custody Variation
  • Psychological Examination
  • Children's Act Section 29
  • Rule 36 Application
  • Child-custody
  • Psychological-examinations
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Family And Children [2010] ZAGPPHC 612

D.J.B v M.D.P (previously B) (30377/2008)

D.J.B v M.D.P (previously B) (30377/2008) [2010] ZAGPPHC 612 (27 May 2010)

High Court custody variation case focusing on a child’s best interests, medical treatment concerns, and parental conflict. Primary residence was moved to the applicant.

  • Custody Variation
  • Best Interests Of Child
  • Parental Responsibilities And Rights
  • Children S Act
  • Contact Rights
  • Procedural Fairness
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Family And Children [2009] ZAGPJHC 13

K v K (17189/08)

K v K (17189/08) [2009] ZAGPJHC 13 (6 May 2009)

The court refused a father's bid to relocate a child to Israel, finding the evidence insufficient to show the move was in the child's best interests.

  • Custody Variation
  • Child Relocation
  • Best Interests Of Child
  • Parental Access
  • Reconstructive Therapy
  • Child-relocation
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Family And Children [2008] ZAECHC 149

Higgs v Lombard (1004/07)

Higgs v Lombard (1004/07) [2008] ZAECHC 149 (22 August 2008)

High Court family matter on varying access to children after divorce. The court refused a further psychological assessment and monthly Pretoria visits, but granted structured contact.

  • Custody Variation
  • Access Rights
  • Best Interests Of Child
  • Costs Award
  • Family-law
  • Child-access
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Family And Children [2008] ZAGPHC 235

A v A (38371/05)

A v A (38371/05) [2008] ZAGPHC 235 (28 July 2008)

A father sought wider contact and overnight access to his young child after divorce. The court allowed reasonable access in principle, but left final sleep-over details to further investigation.

  • Custody Variation
  • Access Rights
  • Best Interests Of Child
  • Expert Evidence
  • Parental Guidance
  • Court Jurisdiction
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Civil Procedure [2005] ZAFSHC 17

Scott v Hough (3001/2005)

Scott v Hough (3001/2005) [2005] ZAFSHC 17; 2007 (3) SA 425 (O) (18 August 2005)

The court held that the urgent application for interim relief was properly brought under rule 6(4) as an ex parte proceeding, and that the informal notice given to the respondent did not alter the urgent nature of the application or require compliance with the statutory notice periods prescribed by section 27 of the Supreme Court Act. The court found that the urgency of the matter, particularly concerning the welfare of a minor child, justified dispensing with formal service requirements. The respondent's argument that the proceedings were a nullity due to inadequate notice was rejected, as t…

  • Urgent Interdict
  • Rule Nisi
  • Custody Variation
  • Service Of Process
  • Ex Parte Application
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Family And Children [2002] ZAGPHC 34

B v B (12933/02)

B v B (12933/02) [2002] ZAGPHC 34 (30 October 2002)

A South African High Court defined a father's access rights, limited Johannesburg access to one weekend a month, ordered him to pay child travel costs, and awarded costs to the respondent.

  • Custody Variation
  • Access Rights
  • Costs Order
  • Child Travel Arrangements
  • Child-custody
  • Contact-rights
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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.