South Africa Case Law

K.O v M.S (2024-021334)

K.O v M.S (2024-021334) [2025] ZAGPPHC 192 (24 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-021334

Judge

Haupt

The court found that shared residency was not in the best interests of the minor child OR due to the high level of conflict between the parents, their inability to communicate effectively, and the potential emotional disruption to OR and her sibling AL. The social worker's report recommending shared residency was found to lack sufficient factual and scientific support, and did not meet the requirements for expert evidence. The Family Advocate's report, which opposed shared residency and emphasised the importance of stability and quality parenting over equal time, was preferred. The applicant'…

Source excerpt

• Residency Of Minor Children
• Shared Residency
• Expert Evidence In Family Law
• Best Interests Of Child
• Parental Rights And Responsibilities
• Variation Of Contact Orders

P.S.D v C.G.V and Others (4120/2020)

P.S.D v C.G.V and Others (4120/2020) [2021] ZAFSHC 25 (22 January 2021)

Court

Free State High Court, Bloemfontein

Case number

4120/2020

Judge

Daffue

Interim child-care orders were made in a dispute between a child’s father and the mother’s partner, with the child remaining with the applicant pending final determination.

• Care And Contact Of Minor
• Best Interests Of Child
• Children's Act Section 23
• Parental Responsibilities And Rights
• Expert Evidence In Family Law
• Care-and-contact-of-minor

P v P (6743/2019)

P v P (6743/2019) [2019] ZAWCHC 174; [2020] 2 All SA 587 (WCC) (19 December 2019)

Court

Western Cape High Court, Cape Town

Case number

6743/2019

Judges

Rogers, Savage, Nuku

The court found that Alan failed to provide sufficient evidence regarding his financial position, employment prospects, and arrangements for the children’s schooling and living conditions in Alaska. He did not demonstrate that he could fund regular contact between Ann and the children if they relocated. The expert evidence supporting Alan was found to be insufficiently impartial and did not adequately consider the impact of relocation on the girls or the practicalities of maintaining their relationship with Ann. The court held that Ann had been a 'good enough' parent, and the allegations of n…

Source excerpt

• Variation Of Custody Order
• Relocation Of Minor Children
• Parental Responsibilities And Rights
• Best Interests Of Child
• Parental Alienation
• Expert Evidence In Family Law