South Africa Case Law

B.U v C.M and Others (2025/017920)

B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/017920

Judge

Njokweni

The court found that the First Respondent's conditions for granting consent to the minor child's overseas travel were unreasonable and amounted to a refusal of consent. Despite the First Respondent's assertion that he did not oppose the travel, the conditions he sought to impose were excessive and not aligned with the child's best interests. The court exercised its jurisdiction under section 18(5) of the Children’s Act and section 28 of the Constitution, determining that the Applicant should be permitted to travel with the minor child to the Czech Republic, subject to reasonable conditions th…

Source excerpt

• Child Travel Consent
• Parental Responsibilities And Rights
• Best Interests Of Child
• Mirror Order
• Section 18 Children Act
• Section 28 Constitution

M.K v A.J.K (11407/2023)

M.K v A.J.K (11407/2023) [2025] ZAWCHC 288 (7 July 2025)

Court

Western Cape High Court, Cape Town

Case number

11407/2023

Judge

P. S. Van Zyl

The High Court held that the child should remain in the mother’s care in South Africa pending divorce, and refused interim relocation to Qatar absent safeguards.

• Child Relocation
• Best Interests Of Child
• Parental Care And Contact
• Expert Evidence
• Mirror Order
• Hague Convention

W.L v J.R (22524/2019)

W.L v J.R (22524/2019) [2024] ZAWCHC 428 (7 November 2024)

Court

Western Cape High Court, Cape Town

Case number

22524/2019

Judge

Andrews AJ

The court found that the plaintiff contributed all funds for the acquisition of the marital assets, while the defendant's contributions were negligible and his conduct amounted to substantial misconduct. The defendant admitted in communications that he married the plaintiff to obtain property and tricked her into sharing her assets. The marriage was of short duration, and the cumulative effect of the duration, circumstances of breakdown, and misconduct justified forfeiture of patrimonial benefits. Regarding care and contact, the court accepted expert recommendations for gradual, supervised co…

Source excerpt

• Divorce Act Forfeiture
• Care And Contact
• Parenting Plan
• Maintenance Order
• Mirror Order
• Best Interests Of Child