South Africa Case Law

Cunningham v Pretorius (31187/08)

Cunningham v Pretorius (31187/08) [2008] ZAGPHC 258 (21 August 2008)

Court

High Courts - Gauteng

Case number

31187/08

Judge

Murphy

The court found that the applicant's decision to relocate was bona fide and reasonable, and that she remained the child's primary caregiver with a close and healthy bond. While the child would lose significant attachments in South Africa, the applicant's capacity to provide emotional and intellectual support in Texas, the secure environment, and the opportunities available outweighed the disadvantages. The child's language difficulties, though real, could be managed in the new environment, and separating him from his mother would be more harmful. The respondent's concerns about access and the…

Source excerpt

• Child Relocation
• Guardianship Consent
• Best Interests Of Child
• Maintenance Increase
• Settlement Agreement Amendment

Forssman v Forssman (A3114/2006)

Forssman v Forssman (A3114/2006) [2007] ZAGPHC 156; 2008 (2) SA 144 (W); [2007] 4 All SA 1145 (W) (23 August 2007)

Court

High Courts - Gauteng

Case number

A3114/2006

Judges

Saldulker, Levenberg

Appeal against an increased child maintenance order dismissed. The court upheld the magistrate’s award, including school and medical expenses, and ordered costs against the appellant.

• Maintenance Increase
• Best Interests Of Child
• Parental Responsibilities
• Apportionment Of Expenses
• Private School Fees
• Child-maintenance

Dipale v Segaole (CA 34/2003)

Dipale v Segaole (CA 34/2003) [2003] ZANWHC 16 (27 March 2003)

Court

North West High Court, Mafikeng

Case number

CA 34/2003

Judges

JHF Pistor, HN Hendler

The High Court held there was no basis to review a maintenance court decision merely because the applicant filed a letter of dissatisfaction.

• Maintenance Increase
• Absolution From Instance
• Review Jurisdiction
• Maintenance
• Special-review
• Absolution-from-the-instance