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South Africa Case Law

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Family And Children [2019] ZAGPJHC 127

W J v S C (43927/2018)

W J v S C (43927/2018) [2019] ZAGPJHC 127; 2019 (6) SA 168 (GJ) (11 April 2019)

Court
South Gauteng High Court, Johannesburg
Case number
43927/2018
Judge
WHG van der Linde

The court found that the applicant's decision to relocate to New Zealand was bona fide and reasonable, motivated by the prospect of a better life and stability for herself and the minor child. The respondent did not provide a substantive challenge to the applicant's assertions, nor did he present expert evidence identifying specific concerns regarding the child's welfare. The court held that the best interests of the child are paramount and that the applicant had made sufficient undertakings to maintain the child's relationship with the respondent. The urgency of the matter and the practical…

Source excerpt

  • Relocation Of Minor
  • Guardianship Consent
  • Best Interests Of Child
  • Children's Act Section 18
  • Parental Rights
  • Emigration
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Family And Children [2008] ZAGPHC 258

Cunningham v Pretorius (31187/08)

Cunningham v Pretorius (31187/08) [2008] ZAGPHC 258 (21 August 2008)

Court
High Courts - Gauteng
Case number
31187/08
Judge
Murphy

The court found that the applicant's decision to relocate was bona fide and reasonable, and that she remained the child's primary caregiver with a close and healthy bond. While the child would lose significant attachments in South Africa, the applicant's capacity to provide emotional and intellectual support in Texas, the secure environment, and the opportunities available outweighed the disadvantages. The child's language difficulties, though real, could be managed in the new environment, and separating him from his mother would be more harmful. The respondent's concerns about access and the…

Source excerpt

  • Child Relocation
  • Guardianship Consent
  • Best Interests Of Child
  • Maintenance Increase
  • Settlement Agreement Amendment
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.