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South Africa Case Law

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Family And Children [2024] ZAWCHC 69

DR v NM and Another (3358/2024)

DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024)

Court
Western Cape High Court, Cape Town
Case number
3358/2024
Judge
Lekhukeni

The court found that the applicant, while not holding formal parental rights, demonstrated a significant and committed relationship with LM and WML, having cared for them as part of a blended family. The evidence showed that maintaining contact, including overnight access to LM, is in the child's best interests and supports stability and continuity. The court rejected the respondents' argument that the applicant's lack of formal rights should preclude overnight contact, noting the applicant's consistent caregiving and the absence of any risk to the children. Regarding WML, the court held that…

Source excerpt

  • Children's Act Section 23
  • Surrogate Motherhood
  • Parental Rights And Responsibilities
  • Best Interests Of Child
  • Overnight Contact
  • Care And Contact Assessment
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Family And Children [2021] ZAGPJHC 458

JVS v LVS (29720/2020)

JVS v LVS (29720/2020) [2021] ZAGPJHC 458 (3 September 2021)

Court
South Gauteng High Court, Johannesburg
Case number
29720/2020
Judge
F Bezuidenhout

The court found that both parents love their children and have made significant efforts to resolve their disputes, but the applicant's history of alcohol misuse and his lack of insight into its impact on the children remain concerning. The expert reports did not provide definitive findings on overnight contact, and the court was not convinced that the applicant had fully addressed the consequences of his addiction. The court held that the best interests of the children require safeguarding against potential harm, but do not justify indefinite restriction of extended contact. Accordingly, the…

Source excerpt

  • Parenting Plan
  • Best Interests Of Child
  • Parenting Coordinator
  • Substance Abuse
  • Overnight Contact
  • Children S Act
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.