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South Africa Case Law

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Family And Children [2025] ZAGPPHC 188

M.A.M (Born M) v M.D.M (007044/22)

M.A.M (Born M) v M.D.M (007044/22) [2025] ZAGPPHC 188 (26 February 2025)

Divorce judgment awarding division of the joint estate, rehabilitative spousal maintenance for five years, child residence with the plaintiff, and pension sharing.

  • Division Of Joint Estate
  • Spousal Maintenance
  • Child Custody
  • Rehabilitative Maintenance
  • Pension Interest
  • Parental Rights
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Family And Children [2025] ZAGPPHC 187

JVDM and Others (104620/2024), Ex parte

JVDM and Others (104620/2024), Ex parte [2025] ZAGPPHC 187; 2025 (4) SA 616 (GP) (24 February 2025)

The court found that the surrogate motherhood agreement complied with all requirements of Chapter 19 of the Children’s Act. Medical evidence from two specialists confirmed that the third applicant, CB, is healthy and capable of safely gestating another pregnancy and undergoing a sixth caesarean section. There is no statutory or regulatory limitation on the number of surrogacies or caesarean sections, and the surrogacy is altruistic, not commercial. The absence of legislative restriction is not for the court to remedy, as to do so would violate the separation of powers. Comparative research co…

  • Surrogacy Agreement
  • Children S Act
  • Parental Rights
  • Altruistic Surrogacy
  • Medical Screening
  • Separation Of Powers
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Family And Children [2024] ZANWHC 302

R.C v M.C (5655/2024)

R.C v M.C (5655/2024) [2024] ZANWHC 302 (28 November 2024)

The court held that Rule 43(6) does not permit the deletion and substitution of an existing order in the absence of a material change in circumstances. The relief sought by the applicant was akin to an appeal or review, which is not available in Rule 43 proceedings. The Constitutional Court in S v S and Another confirmed that Rule 43 orders are not appealable and that variation is only permissible where circumstances have materially changed. While the court retains an inherent discretion to remedy a patently unjust and erroneous order in exceptional cases, the present matter did not meet that…

  • Rule 43 Variation
  • Parental Rights
  • Primary Care And Residence
  • Best Interests Of Child
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Family And Children [2024] ZAGPPHC 1083

KG v DG (B 957/2023)

KG v DG (B 957/2023) [2024] ZAGPPHC 1083 (29 October 2024)

The court found that the respondent was aware of the Rule 43 order and had willfully failed to comply with its terms, including maintenance payments, vehicle expenses, and disclosure obligations. The respondent's explanations for non-compliance were unsubstantiated and contradicted by evidence of his financial position and priorities. The respondent's conduct, including misleading the Family Advocate and the court, demonstrated a deliberate disregard for his obligations. The court held that the applicant had proven, beyond a reasonable doubt, that the respondent was in contempt of court. Howe…

  • Maintenance
  • Contempt Of Court
  • Rule 43 Orders
  • Parental Rights
  • Interim Relief
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Family And Children [2024] ZAWCHC 215

D.D v I.L and Another (16939/2024)

D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024)

Urgent application to secure school placement for a minor was struck off for lack of urgency after the court found mediation had not been meaningfully pursued.

  • School Admission Dispute
  • Parental Rights
  • Urgent Application Abuse
  • Mediation Requirement
  • Best Interests Of Child
  • Family-law
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Civil Procedure [2024] ZAGPJHC 642

Warner v Hoesslin (2023/120036)

Warner v Hoesslin (2023/120036) [2024] ZAGPJHC 642 (12 July 2024)

The High Court refused leave to appeal against a costs order in a parental rights dispute, finding no exceptional circumstances or reasonable prospects of success.

  • Costs Award
  • Leave To Appeal
  • Parental Rights
  • Judicial Discretion
  • Costs-order
  • Leave-to-appeal
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Family And Children [2024] ZAFSHC 145

B v K (441/2020)

B v K (441/2020) [2024] ZAFSHC 145 (13 May 2024)

The High Court discharged a rule nisi and held that WhatsApp messages and threats to use lawful remedies did not amount to harassment or intimidation.

  • Interdict
  • Harassment
  • Parental Rights
  • Variation Of Contact
  • Jurisdiction
  • Costs In Child Matters
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Family And Children [2024] ZAGPJHC 292

C.K v J.J.S (2023/058030)

C.K v J.J.S (2023/058030) [2024] ZAGPJHC 292 (22 March 2024)

The High Court refused a mother's urgent bid to relocate with her 11-year-old son to Ballito, finding the move would not serve his best interests.

  • Child Relocation
  • Best Interests Of Child
  • Children S Act
  • Parental Rights
  • Psychological Evidence
  • Child-relocation
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Family And Children [2024] ZAGPPHC 140

R.K.K v M.D.K (20413/2022)

R.K.K v M.D.K (20413/2022) [2024] ZAGPPHC 140 (20 February 2024)

Rule 43 interim relief in a divorce dispute: the court ordered spousal maintenance, a legal costs contribution, and a child psychologist assessment.

  • Rule 43 Interim Relief
  • Spousal Maintenance
  • Child Custody
  • Contribution To Legal Costs
  • Parental Rights
  • Best Interests Of Child
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Family And Children [2024] ZAGPPHC 24

B.M.G.S v M.B.S and Others (26675/2022)

B.M.G.S v M.B.S and Others (26675/2022) [2024] ZAGPPHC 24 (8 January 2024)

Urgent contempt application over non-compliance with child-access orders granted; the court found wilful disobedience and ordered imprisonment and immediate access.

  • Contempt Of Court
  • Parental Rights
  • Best Interests Of Child
  • Children S Act
  • Enforcement Of Court Orders
  • Contempt-of-court
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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.