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South Africa Case Law

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Family And Children [2023] ZAGPJHC 301

K.L.E and Others v Department of Social Development and Others

K.L.E and Others v Department of Social Development and Others [2023] ZAGPJHC 301 (22 March 2023)

An urgent application by foreign-based half-siblings for parental rights and removal of minor children was struck from the urgent roll and referred for statutory consideration.

  • Parental Responsibilities And Rights
  • Intercountry Adoption
  • Children S Act
  • Urgent Application
  • Registration Of Birth
  • Best Interests Of Child
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Family And Children [2006] ZAGPHC 34

DG and Another v W and Others (25316/05)

DG and Another v W and Others (25316/05) [2006] ZAGPHC 34; 2006 (6) SA 51 (W) (21 April 2006)

The High Court declined to grant the relief sought, holding that inter-country adoptions must be processed through the Children’s Court in accordance with the Child Care Act and the Hague Convention. The court found that bypassing these procedures by seeking sole custody and guardianship via the High Court circumvents statutory protections and international obligations, including the subsidiarity principle and the requirement that the best interests of the child be determined by the competent authority. The court emphasized that commissioners of child welfare are better equipped to assess ado…

  • Intercountry Adoption
  • Child Custody
  • Guardianship
  • Subsidiarity Principle
  • Child Care Act
  • Hague Convention
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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.