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South Africa decisions
Decisions matching the current search
J.R.S v K.D.Z-S and Another (2025/027753) [2025] ZAWCHC 96 (10 March 2025)
Urgent Hague Convention enforcement application granted, with the Western Cape High Court ordering immediate implementation of the Johannesburg return order and no costs.
Central Authority for the Republic of South Africa and Another v K.Z-S (47309/2024) [2024] ZAGPJHC 890 (10 September 2024)
The court found that Germany was the habitual residence of the minor children immediately prior to their retention in South Africa, based on their residence, school enrolment, and family connections in Munich. The respondent's retention of the children in South Africa after the agreed holiday period was unlawful and breached the second applicant's rights of custody. The respondent failed to establish, on a balance of probabilities, that returning the children to Germany would expose them to a grave risk of physical or psychological harm or place them in an intolerable situation as required by…
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V.L v M.A.V and Others (B 39322/2022) [2024] ZAGPPHC 861 (27 August 2024)
Hague Convention child-abduction application dismissed because the child was not habitually resident in Switzerland and the applicant had acquiesced.
Family Advocate Welkom v C.M.C and Another (2452/2024) [2024] ZAFSHC 208 (28 June 2024)
High Court dismissed a Hague Convention return application after finding insufficient proof of wrongful retention, custody rights, and habitual residence in Cyprus.
Central Authority, Republic Of South Africa and Another v Y.R [2023] ZAGPPHC 376; 061066/2022 (29 May 2023)
The court found that CJ was habitually resident in Canada immediately prior to his retention in South Africa, based on the family's established life, citizenship, and parental intentions. CR did not acquiesce to CJ's retention, as evidenced by his prompt legal actions in both Canada and South Africa. The Article 12(2) defence was unavailable, as the application was launched within one year of retention. The court considered the Article 13(b) exception and concluded that returning CJ to Canada would expose him to an intolerable situation, primarily due to his medical history and developmental…
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S.M.G.G.T v C.S.T (3574/2021) [2023] ZAWCHC 30 (16 February 2023)
The High Court declared that suspensive conditions for the child’s return to Switzerland had been met, ordered compliance, and dismissed the counter-application with costs.
Central Authority for the Republic of South Africa and Another v SC (2022/0001) [2022] ZAGPJHC 700 (15 September 2022)
Hague Convention child-abduction application dismissed after the court found return to Texas would expose the children to an intolerable situation.
Koch N O and Another v Ad hoc Central Authority for the Republic of South Africa and Another (188/2021) [2022] ZASCA 60; [2022] 3 All SA 17 (SCA); 2022 (6) SA 323 (SCA) (26 April 2022)
The Supreme Court of Appeal held that the child’s continued retention in South Africa was wrongful, but the article 13(b) grave-risk defence succeeded and return to the UK was refused.
Ad Hoc Central Authority of the Republic for South Africa and Another v Koch N.O and Another (2821/2021) [2021] ZAWCHC 53 (1 March 2021)
The court found that the agreed order of 21 July 2020, requiring the child to remain with Ms Koch pending the outcome of the Hague Convention proceedings, remains binding on the parties and encompasses any appeals. The applicants failed to provide valid reasons for disregarding this order. Even if the order were not binding, the applicants did not establish exceptional circumstances under section 18 of the Superior Courts Act to justify immediate execution of the return order. The alleged harm to Mr Ball was not shown to be irreparable in the sense required by the statute, and the respondents…
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Chief Family Advocate of the Republic of South Africa as represented by Mr Keuben Gounden, Senior Family Advocate, East London v IRRJ (EL528/2019; 1730/2019) [2019] ZAECELLC 17 (16 August 2019)
High Court Hague Convention case ordering the return of two children to New Zealand after finding their retention in South Africa wrongful.
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