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South Africa Case Law

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Family And Children [2017] ZAECGHC 103

Johnson and Another v Degenaar and Another (39906/2017)

Johnson and Another v Degenaar and Another (39906/2017) [2017] ZAECGHC 103 (13 September 2017)

The High Court granted interim relief suspending Children’s Court decisions pending review, ordered the child’s return to the second applicant, and condoned procedural non-compliance.

  • Parental Plan
  • Primary Caregiver
  • Interim Interdict
  • Review Of Magistrate Decision
  • Family-law
  • Children-law
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Family And Children [2012] ZAWCHC 37

C.M v N.G (8026/2011)

C.M v N.G (8026/2011) [2012] ZAWCHC 37; 2012 (4) SA 452 (WCC); [2012] 3 All SA 104 (WCC) (26 April 2012)

The court found that the applicant and respondent jointly intended to have a child and both acted as parents during the child's formative years. The Children's Act does not restrict parental responsibilities and rights to biological or married parents. Section 23 must be interpreted to allow the court to grant both care and contact to an interested person where it serves the child's best interests. Section 24(3) does not require deprivation of the existing guardian's rights for co-guardianship; the High Court retains inherent jurisdiction to grant joint guardianship. The evidence established…

  • Parental Responsibilities And Rights
  • Children S Act
  • Co Guardianship
  • Best Interests Of Child
  • Artificial Insemination
  • Parental Plan
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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.