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South Africa Case Law

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Family And Children [2025] ZAGPJHC 348

A.R.C v A.M.M (076276/2024)

A.R.C v A.M.M (076276/2024) [2025] ZAGPJHC 348 (3 April 2025)

High Court family matter about a child’s birth certificate, surname amendment, contact, and passport control. The court granted the core relief and deferred the parenting coordinator issue.

  • Parental Contact
  • Birth Certificate Amendment
  • Best Interests Of Child
  • Parenting Coordinator
  • International Relocation
  • Family-law
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Family And Children [2024] ZAGPPHC 1383

J.M.M v S.T.N.M (5647/2019)

J.M.M v S.T.N.M (5647/2019) [2024] ZAGPPHC 1383 (18 December 2024)

The High Court dismissed a contempt application over child-contact rights, finding no wilful or mala fide non-compliance and ordering phased reunification support.

  • Parental Contact
  • Contempt Of Court
  • Best Interests Of Child
  • Settlement Agreement
  • Parental Guidance
  • Bonding Therapy
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Family And Children [2024] ZAGPJHC 1286

S.M v D.L (2024/129392)

S.M v D.L (2024/129392) [2024] ZAGPJHC 1286 (9 December 2024)

The High Court granted interim unsupervised contact for a father, but declined sleepover contact for now, pending a social worker’s report.

  • Parental Contact
  • Primary Residence
  • Best Interests Of Child
  • Rule 43 Proceedings
  • Family-law
  • Child-contact
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Family And Children [2024] ZAGPJHC 461

M.M v M.A (109765/2023)

M.M v M.A (109765/2023) [2024] ZAGPJHC 461 (7 April 2024)

The High Court allowed a mother to relocate two minor children to France in July 2024, with detailed contact, travel, therapy, and information-sharing orders.

  • Relocation Of Minor Children
  • Best Interests Of Child
  • Shared Residency
  • Parental Contact
  • Children's Act
  • Freedom Of Movement
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Family And Children [2023] ZAECMKHC 139

D.J.H. v A.H (914/2023)

D.J.H. v A.H (914/2023) [2023] ZAECMKHC 139 (12 December 2023)

The court barred a mother from relocating with an 11-year-old child to Somerset West, holding that the child’s best interests required remaining in Graaff-Reinet.

  • Child Relocation
  • Best Interests Of Child
  • Parental Responsibilities
  • Children Act 38 Of 2005
  • Primary Caregiver
  • Parental Contact
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Family And Children [2023] ZAGPPHC 95

L.R v R.D.R

L.R v R.D.R [2023] ZAGPPHC 95; 013673/22 (15 February 2023)

Rule 43 interim maintenance matter where the court regulated contact, ordered child and spousal maintenance, and granted a contribution to legal costs.

  • Interim Maintenance
  • Rule 43 Application
  • Parental Contact
  • Contribution To Legal Costs
  • Primary Residence
  • Children S Act
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Family And Children [2022] ZAFSHC 356

J.G.M v I.H.M and Another (5334/2021)

J.G.M v I.H.M and Another (5334/2021) [2022] ZAFSHC 356 (20 December 2022)

The High Court dismissed an urgent application for supervised holiday sleepover contact, finding unexplained delay and no proper basis for immediate relief.

  • Parental Contact
  • Best Interests Of Child
  • Urgent Interim Relief
  • Psychological Evaluation
  • Parental-contact
  • Best-interests-of-the-child
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Family And Children [2022] ZAGPJHC 700

Central Authority for the Republic of South Africa and Another v SC (2022/0001)

Central Authority for the Republic of South Africa and Another v SC (2022/0001) [2022] ZAGPJHC 700 (15 September 2022)

Hague Convention child-abduction application dismissed after the court found return to Texas would expose the children to an intolerable situation.

  • Hague Convention Child Abduction
  • Habitual Residence
  • Grave Risk Exception
  • Best Interests Of Child
  • Maintenance
  • Parental Contact
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Family And Children [2022] ZAGPJHC 511

ZO v JO (2022/14941)

ZO v JO (2022/14941) [2022] ZAGPJHC 511 (15 June 2022)

The court found that the order of 10 May 2022 authorizing the respondent to relocate with the minor children to the Western Cape was final in nature, as it disposed of the crucial issue of the children's residence and did not provide a mechanism for reconsideration absent fresh proceedings. Accordingly, the filing of an application for leave to appeal automatically suspended the operation and execution of the relocation order. The respondent failed to bring an application under section 18(3) to implement the order pending appeal, and even if such an application had been made, the court was no…

  • Child Relocation
  • Best Interests Of Child
  • Automatic Suspension Of Order
  • Rule 43 Proceedings
  • Section 18 Suspension
  • Parental Contact
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Family And Children [2022] ZAKZDHC 7

S[....] v S[....] (D7960/2019)

S[....] v S[....] (D7960/2019) [2022] ZAKZDHC 7 (18 February 2022)

The High Court dismissed a father’s bid to enforce a mirror order returning a child to the UK, finding the child’s best interests required him to remain with his mother in South Africa.

  • Child Custody
  • Best Interests Of Child
  • Mirror Order Enforcement
  • International Child Abduction
  • Hague Convention
  • Parental Contact
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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.