South Africa Case Law

F v F (2024/114386)

F v F (2024/114386) [2025] ZAGPJHC 174 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/114386

Judge

WJ du Plessis

The respondent has been absent from the lives of the minor children for nearly eight years, failed to provide financial and emotional support, and refused to cooperate in matters concerning their welfare. The Voice of the Child report confirms that the children have no emotional attachment to the respondent and do not wish to have contact with him. The respondent's failure to fulfil his maintenance obligations and refusal to support the children's development further demonstrate abandonment of parental responsibilities. The evidence overwhelmingly supports that termination of the respondent's…

Source excerpt

• Termination Of Parental Rights
• Best Interests Of Child
• Guardianship
• Voice Of Child
• Maintenance Obligations

L.R.J and Another v J.B.J (2024/024281)

L.R.J and Another v J.B.J (2024/024281) [2025] ZAGPJHC 16 (14 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/024281

Judge

M V Noko

The High Court refused an uncle and aunt’s bid for sole guardianship and relocation of two children to Scotland, keeping care with the grandmother and ordering re-integration with the father.

• Guardianship
• Relocation Of Children
• Parental Responsibilities And Rights
• Best Interests Of Child
• Termination Of Parental Rights
• Relocation-of-children

C.W and Another v S.P and Others (Section 18) (88660/2019)

C.W and Another v S.P and Others (Section 18) (88660/2019) [2024] ZAGPPHC 1242 (5 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

88660/2019

Judge

Millar

The court granted execution pending appeal under section 18, finding exceptional circumstances and that the children’s best interests required immediate implementation.

• Guardianship
• Section 18 Execution Pending Appeal
• Best Interests Of Child
• Irreparable Harm
• Therapy For Minors
• Section-18-execution-pending-appeal

N.C.L (2024/037055), Ex parte

N.C.L (2024/037055), Ex parte [2024] ZAGPJHC 1144 (6 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024-037055

Judge

M Abro

The High Court refused leave to appeal in an ex parte guardianship matter because the child would soon turn 18, making the relief sought of no practical effect.

• Guardianship
• Parental Responsibilities And Rights
• Leave To Appeal
• Best Interests Of Child
• Practical Effect
• Condonation

X.S (7265/2024), In Re

X.S (7265/2024), In Re [2024] ZALMPPHC 80 (18 July 2024)

Court

Limpopo High Court, Polokwane

Case number

7265/2024

Judge

Gaisa

The High Court dispensed with a father’s consent for a minor’s educational trip to the United States, finding the travel in the child’s best interests.

• Parental Consent For Travel
• Best Interests Of Child
• Guardianship
• Child Participation
• Children S Act Section 18
• International Travel Of Minors

LA v EFV (2024-017275)

LA v EFV (2024-017275) [2024] ZAGPPHC 213 (11 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-017275

Judge

GN Moshoana

The court held that the applicant mother had demonstrated that the father's refusal to consent to the child's travel was unreasonable. The evidence showed that the child was involved in the planning of the trip, her views were considered, and all necessary arrangements for her welfare were made. The respondent failed to show that he had considered the child's views or acted in her best interests when refusing consent. The court clarified that the best interests of the child standard is not automatically applicable to section 18(5) applications, but the reasonableness of the withholding of con…

Source excerpt

• Children S Act Section 18
• Consent To Travel
• Guardianship
• Best Interests Of Child

G.D v M.M (4809/2022)

G.D v M.M (4809/2022) [2024] ZAGPJHC 65 (29 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

4809/2022

Judge

Strijdom

The High Court dismissed a father’s bid to terminate the mother’s parental rights and ordered a forensic assessment and Family Advocate inquiry into the child’s best interests.

• Parental Responsibilities And Rights
• Best Interests Of Child
• Forensic Assessment
• Contact Rights
• Guardianship
• Children S Act

M.E.M v T.D and Others (2023-107813)

M.E.M v T.D and Others (2023-107813) [2023] ZAGPJHC 1491 (27 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-107813

Judge

Franck

Urgent interim relief was granted to allow a mother to handle her eldest child’s passport, travel, and overseas school enrolment without the father’s consent.

• Parental Rights And Responsibilities
• Guardianship
• Best Interests Of Child
• School Enrolment Abroad
• Best-interests-of-child
• Parental-rights-and-responsibilities

D.T and Another v M.A.M.F (2023/032929)

D.T and Another v M.A.M.F (2023/032929) [2023] ZAGPJHC 1204 (24 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/032929

Judge

Nkutha-Nkontwana

The court held that the applicants, as uncles of the minor child, have locus standi to seek rights of contact and guardianship under sections 23 and 24 of the Children’s Act. The determination of the child’s best interests requires a thorough judicial investigation, not limited to the child’s stated wishes or the evidence presented by the parties. The respondent’s reliance solely on the child’s voice and the social worker’s report was found insufficient, as the scope of investigation must encompass all relevant factors under section 7 of the Children’s Act. The court found that the applicants…

Source excerpt

• Children S Act
• Guardianship
• Right Of Contact
• Best Interests Of Child
• Interim Relief

L.P and Another v C.M.P (4813/2021)

L.P and Another v C.M.P (4813/2021) [2023] ZAFSHC 115 (20 April 2023)

Court

Free State High Court, Bloemfontein

Case number

4813/2021

Judge

Daniso

The High Court dismissed an application for full parental rights, finding no proven neglect or alcohol abuse and preferring a phased-out contact arrangement.

• Parental Rights And Responsibilities
• Care And Contact
• Guardianship
• Best Interests Of Child
• Children S Act
• Expert Reports