South Africa Case Law

Z.D.P v Z.M (44209/19)

Z.D.P v Z.M (44209/19) [2024] ZAGPJHC 896 (16 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

44209/19

Judge

G.Y. Benson

The court found that the parties' acrimonious relationship and lack of compromise were detrimental to the best interests of the minor children. The removal of H[...] from formal schooling for religious reasons was not in line with her intellectual and social rights, but since the parties agreed to home schooling, the court endorsed this arrangement. The applicant retained the financial means to provide maintenance, and interim maintenance was necessary. The court rejected both parties' claims for contributions towards legal costs under Rule 43, holding that punitive costs are not contemplated…

Source excerpt

• Parental Responsibilities And Rights
• Interim Maintenance
• Home Schooling
• Contribution Towards Legal Costs

L.V.A v J.V.A (1747/2023)

L.V.A v J.V.A (1747/2023) [2023] ZAFSHC 196 (28 April 2023)

Court

Free State High Court, Bloemfontein

Case number

1747/2023

Judge

Van Rhyn

The court granted interim leave for a mother to relocate with her 9-year-old child to Upington and enroll her in home schooling, pending a Family Advocate report.

• Child Relocation
• Best Interests Of Child
• Home Schooling
• Custody And Access
• Child-relocation
• Best-interests-of-the-child

Schneider NO and Others v Aspeling and Another (8675/09)

Schneider NO and Others v Aspeling and Another (8675/09) [2010] ZAWCHC 3; 2010 (5) SA 203 (WCC) ; [2010] 3 All SA 332 (WCC) (8 January 2010)

Court

Western Cape High Court, Cape Town

Case number

8675/09

Judge

Davis

The Court found that the first respondent's removal of the children from formal schooling and commencement of home schooling was not in compliance with the South African Schools Act, as there was no evidence of registration or adherence to statutory requirements. Expert evidence established that the children had significant educational gaps and required structured remedial intervention, which home schooling by the respondent could not adequately provide. The best interests of the children, as mandated by the Constitution and international instruments, required their immediate enrolment in a s…

Source excerpt

• Best Interests Of Child
• Home Schooling
• Parental Rights
• Curator Ad Litem
• Maintenance
• Expert Evidence