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South Africa decisions
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H.C v C.C (1661/2024) [2024] ZAECQBHC 53 (3 September 2024)
Rule 43 interim relief in a divorce matter: condonation was granted, the abuse-of-process objection failed, and interim maintenance and a costs contribution were ordered.
R L v M L (5462/2008) [2020] ZAFSHC 211 (12 November 2020)
The court found that the applicant failed to establish that the respondent committed fraud or misled her regarding the divorce proceedings. The evidence showed that the respondent was transparent about his intention to divorce and informed the applicant of the finalisation. The applicant's version was inconsistent, adapted over time, and corroborated rather than contradicted the respondent's account. The alleged fraudulent misrepresentation occurred after the divorce, not at the time of the proceedings. The application for rescission was not filed within a reasonable time, and the applicant f…
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B.B v G.B (902/2011) [2014] ZAECPEHC 82 (1 September 2014)
Divorce judgment awarding primary care to the mother and alternate-weekend contact to the father, after rejecting joint custody as contrary to the child’s best interests.
Gumbi v Goba (4195/07, 3138/10) [2010] ZAKZPHC 84 (13 December 2010)
High Court custody variation case where the father proved repeated obstruction of access and the children’s interests justified shared residence and joint parental rights.
Hepburn v Miller (15732/07) [2007] ZAGPHC 301 (19 December 2007)
The High Court found the respondent in contempt for secretly arranging remedial schooling without consulting the joint custodian father, but not for telephonic access allegations.
Boehmke v McGregor (25560/04 , 04/25560) [2005] ZAGPHC 114; [2006] 3 All SA 109 (W); 2006 (9) BCLR 1034 (W) (1 November 2005)
The appeal court found that the relocation of the appellant and her husband to Cape Town was genuine, reasonable, and motivated by legitimate family and employment considerations. The primary residence of the children was with the appellant, who was the full-time caregiver, and the children identified their primary family unit as comprising their mother, stepfather, and half-brother. The court held that the disruption caused by refusing relocation would outweigh the disadvantages of diminished contact with the respondent, as it would fracture the children's primary family, place strain on the…
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Pienaar v Pienaar and Another (8713/2003) [2005] ZAWCHC 123 (1 January 2005)
The court found that the plaintiff is entitled to maintenance due to her limited earning capacity, chronic bipolar disorder, and the standard of living enjoyed during the marriage. The defendant's ability to pay maintenance was not to be judged solely on his current income as lessor, given his control over the farm and trust assets. The court held that the assets of the C de V Pienaar Trust should be deemed part of the defendant's estate for purposes of section 7(3) of the Divorce Act, given the nature of the trust and the defendant's control. The plaintiff's contributions to the farm and fam…
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