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South Africa decisions
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J.D.R v L.D.R (13283/2024) [2025] ZALMPPHC 21 (20 February 2025)
The court dismissed a contempt application in a child-relocation dispute and varied an interim care order to keep the child in the respondent’s care and school.
M.T.A v K.L.A (4323/2024) [2024] ZAECQBHC 79 (19 November 2024)
The court held that, although the respondent's manner of relocation was impulsive and contrary to the spirit of co-parenting, she has been the de facto primary carer of the minor child for most of her life, and her capabilities as a parent are not seriously challenged. The applicant's contact rights are affected by the move, but the paramount consideration is the child's best interests. Granting interim primary care to the applicant would risk the child being shuttled between parents, undermining her sense of security. Given the interim nature of the relief and the pending investigation by th…
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F.V.N v J.V.N (5244/2024) [2024] ZAFSHC 333 (25 October 2024)
Rule 43 interim relief in a divorce matter: child maintenance, medical aid, day care and utilities were ordered, while the applicant’s own maintenance and costs plea were dismissed.
J.C v C.A.J.C (17095/2024) [2024] ZAGPPHC 1013 (2 October 2024)
The court found that the application was not urgent, as the respondent's conduct regarding sleepovers occurred months before the hearing and did not constitute ongoing harm. The applicant's evidence regarding the minor child's trauma was credible, and the respondent's denials were not persuasive, especially given the respondent's elevated GGT test results indicating possible excessive alcohol consumption. The best interests of the child require that sleepovers be excluded and the respondent's contact be supervised by a responsible adult identified by the applicant. The applicant's proposed re…
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D.P v B and Another (2024/080548) [2024] ZAGPJHC 722 (5 August 2024)
The High Court dismissed an urgent review of interim Children's Court orders in a parenting dispute, finding the absence of a record prevented intervention.
S.N v S.R (2023/036122) [2023] ZAGPJHC 1298 (14 November 2023)
The court found that the applicant and minor children are entitled to reasonable maintenance pendente lite, calculated based on actual and reasonable expenses, excluding the applicant's medical aid premium which is to be paid directly by the respondent. The respondent's financial disclosure was found lacking and unreliable, undermining his claim of inability to pay. The applicant is entitled to retain exclusive use of the Toyota Land Cruiser pending divorce, as it serves the needs of the minor children and forms part of the matrimonial estate. The respondent is ordered to contribute R50,000 t…
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C.L v N.V.V (1575/2021) [2023] ZAFSHC 310 (4 August 2023)
The court dismissed an urgent application seeking return of a minor child under an interim care-and-contact order, holding the interim order had lapsed after final judgment and the appeal had lapsed procedurally.
J.M.S v P.G.S (5150/2022) [2023] ZAFSHC 140 (28 April 2023)
Rule 43 interim relief granted in part in a pending divorce, with reduced spousal maintenance, child maintenance, medical aid cover, and a legal-cost contribution ordered.
M[...] v B[...] (16306/2021) [2021] ZAGPPHC 230 (12 April 2021)
Urgent interim relocation and custody dispute over a six-year-old child. The court awarded primary care to the father pending Family Advocate investigation.
E.S v J.F.S (3376/2016) [2016] ZAGPPHC 714 (31 March 2016)
A Rule 43 interim application over a child’s primary residence and maintenance was dismissed, with the court leaving the existing care arrangement in place pending the Family Advocate’s report.
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