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South Africa Case Law

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Family And Children [2025] ZAWCHC 310

R.H.K v D.L.F (587/2023 ; 22313/2024)

R.H.K v D.L.F (587/2023 ; 22313/2024) [2025] ZAWCHC 310 (19 June 2025)

The High Court found the respondent in contempt for non-compliance with an interim maintenance order, dismissed his Rule 43(6) variation application, and upheld Rule 30/30A objections.

  • Contempt Of Court
  • Rule 43 Interim Relief
  • Variation Of Interim Orders
  • Maintenance Pendente Lite
  • Disclosure Of Financial Information
  • Contempt-of-court
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Family And Children [2025] ZAGPJHC 534

N.S.F v R.H.F (2024/060778)

N.S.F v R.H.F (2024/060778) [2025] ZAGPJHC 534 (2 June 2025)

Rule 43 application partly granted. The court ordered interim spousal maintenance, continued listed monthly payments, and a R60,000 contribution to legal costs.

  • Maintenance Pendente Lite
  • Contribution To Costs
  • Divorce Act Section 7
  • Financial Disclosure
  • Spousal Support
  • Rule-43-maintenance
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Family And Children [2025] ZAGPPHC 378

E.V.D.M v S.R.V.D.M (099818/2023)

E.V.D.M v S.R.V.D.M (099818/2023) [2025] ZAGPPHC 378 (11 April 2025)

The court found that the clause in the contact agreement delegating binding decision-making power to the parenting coordinator was an unlawful and invalid delegation of judicial authority. Only courts may make binding rulings on parental rights and responsibilities; parenting coordinators may facilitate and mediate but cannot amend or determine such rights. The court ordered structured, phased-in contact arrangements for the respondent and the minor children, with the parenting coordinator appointed to implement and monitor these arrangements, but without authority to make binding changes to…

  • Parenting Coordination
  • Parental Responsibilities And Rights
  • Maintenance Pendente Lite
  • Contribution To Legal Costs
  • Children S Act
  • Interim Contact Arrangements
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Family And Children [2025] ZAGPPHC 185

N.P.M v W.R (094519/2024)

N.P.M v W.R (094519/2024) [2025] ZAGPPHC 185 (20 February 2025)

The court refused a postponement in a Rule 43 matter and ordered interim maintenance, a vehicle, and a costs contribution after finding the request was not bona fide.

  • Rule 43 Interim Relief
  • Maintenance Pendente Lite
  • Contribution Towards Costs
  • Best Interests Of Child
  • Financial Disclosure
  • Constitutional Rights Of Children
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Family And Children [2025] ZALMPPHC 33

D.J.M v N.M (874/2022)

D.J.M v N.M (874/2022) [2025] ZALMPPHC 33 (12 February 2025)

High Court order on child contact, parental rights, and pending maintenance claims. The court adopted a phased-in contact regime and left the existing maintenance order in place.

  • Best Interests Of Child
  • Parental Rights And Responsibilities
  • Care And Contact
  • Maintenance Pendente Lite
  • Contribution To Legal Costs
  • Best-interests-of-child
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Family And Children [2025] ZAGPPHC 23

T.M.C v K.M.P (038855/2023)

T.M.C v K.M.P (038855/2023) [2025] ZAGPPHC 23 (6 January 2025)

The High Court granted Rule 43 interim maintenance for the applicant and minor child, rejected technical objections, and ordered child-related support pending divorce.

  • Maintenance Pendente Lite
  • Rule 43 Procedure
  • Best Interests Of Child
  • Spousal Support
  • Financial Disclosure
  • Costs In The Cause
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Family And Children [2025] ZAGPPHC 11

H.X v G.X (017721/2023)

H.X v G.X (017721/2023) [2025] ZAGPPHC 11 (3 January 2025)

A Rule 43 interim maintenance application was dismissed after the court found the applicant had failed to make full and frank financial disclosure.

  • Maintenance Pendente Lite
  • Rule 43 Procedure
  • Financial Disclosure
  • Costs In The Cause
  • Rule-43
  • Interim-maintenance
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Family And Children [2024] ZAGPPHC 1367

J.B and Another v J.L.S and Another (22199/2022)

J.B and Another v J.L.S and Another (22199/2022) [2024] ZAGPPHC 1367 (31 December 2024)

The court found that the first applicant failed to provide sufficient evidence of a material change in circumstances since the previous Rule 43 order. The applicant did not annex relevant financial statements or bank records covering the period after the order, and his disclosures were incomplete. The court emphasized the duty of utmost good faith and full disclosure in Rule 43 applications, as established in Du Preez v Du Preez. The material non-disclosures meant the applicant was not before the court with clean hands, justifying refusal of the relief sought. The court exercised its discreti…

  • Rule 43 Variation
  • Maintenance Pendente Lite
  • Material Change In Circumstances
  • Interim Relief
  • Costs In The Cause
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Family And Children [2024] ZAGPPHC 1346

M.O v T.S (079417/2024)

M.O v T.S (079417/2024) [2024] ZAGPPHC 1346 (13 December 2024)

The court found that no sufficient case was made for exclusive primary residence of the minor children with the applicant, and that the maternal preference rule should not be departed from without compelling reasons. The best interests of the children require stability and continuity in their routine and schooling. The eldest child, nearing majority, should have her wishes respected. The applicant is obliged to maintain the respondent and children at a level consistent with their previous standard of living, subject to his financial capacity. The respondent demonstrated a real and pressing ne…

  • Primary Residence Of Children
  • Maintenance Pendente Lite
  • Contribution To Legal Costs
  • Best Interests Of Child
  • Rule 43 Proceedings
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Family And Children [2024] ZAGPPHC 1277

J.H.M v L.E.M (116734/2023)

J.H.M v L.E.M (116734/2023) [2024] ZAGPPHC 1277 (6 December 2024)

The court dismissed a Rule 43(6) variation bid on maintenance, finding no material change in circumstances, but ordered equal crèche contributions and R80,000 legal costs.

  • Rule 43 Variation
  • Maintenance Pendente Lite
  • Parental Rights And Responsibilities
  • Contribution To Legal Costs
  • Children S Act
  • Change In Circumstances
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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.