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South Africa Case Law

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Family And Children [2025] ZAGPJHC 770

A.E. v H.L. (2024/144979)

A.E. v H.L. (2024/144979) [2025] ZAGPJHC 770 (8 August 2025)

In a Rule 43 divorce interim application, the High Court ordered child maintenance, limited contact, and expert family-preservation intervention after concerns about the applicant's alcohol use.

  • Rule 43 Interim Relief
  • Child Maintenance
  • Parental Rights And Responsibilities
  • Contact Arrangements
  • Parenting Coordination
  • Rule-43
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Family And Children [2025] ZAWCHC 335

P.N v D.N (10481/2018)

P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025)

The High Court granted divorce, refused forfeiture of benefits, and ordered an equal division of the joint estate after finding the plaintiff's gambling was not proven to be substantial misconduct.

  • Divorce Act Section 9
  • Forfeiture Of Benefits
  • Division Of Joint Estate
  • Parental Rights And Responsibilities
  • Maintenance Of Minor Child
  • Forfeiture-of-benefits
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Family And Children [2025] ZAGPJHC 766

Lebea v Seromo (2025/030885)

Lebea v Seromo (2025/030885) [2025] ZAGPJHC 766 (5 August 2025)

The High Court granted an order changing a minor child’s surname and amending the birth registration, holding that lebola payment disputes were irrelevant to the relief sought.

  • Children Act Section 21
  • Parental Rights And Responsibilities
  • Change Of Child Surname
  • Customary Law Marriage
  • Birth Registration
  • Children-act
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Family And Children [2025] ZAGPPHC 746

BHGH v GH (041781/2024)

BHGH v GH (041781/2024) [2025] ZAGPPHC 746 (16 July 2025)

The court found that the allegations of sexual misconduct against the applicant are serious and that the minor child, being under three years old, is particularly vulnerable. The best interests of the child must take precedence over the applicant’s right to contact. The interim protection order, which prohibits contact pending a forensic investigation, is justified given the gravity of the allegations. The applicant’s failure to anticipate the return date of the interim order and clear his name was noted as concerning. The court held that neither reinstatement of contact nor supervised contac…

  • Best Interests Of Child
  • Parental Rights And Responsibilities
  • Interim Protection Order
  • Rule 43 Variation
  • Supervised Contact
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Family And Children [2025] ZAGPPHC 712

O.M.L v S.S.L (10528/2022)

O.M.L v S.S.L (10528/2022) [2025] ZAGPPHC 712 (16 July 2025)

The court held that a twice-signed settlement agreement was valid and binding, rejected the defendant’s claim of misunderstanding, and granted a divorce.

  • Divorce Settlement Agreement
  • Division Of Joint Estate
  • Forfeiture Of Patrimonial Benefit
  • Child Maintenance
  • Parental Rights And Responsibilities
  • Divorce-settlement-agreement
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Family And Children [2025] ZAGPPHC 655

K.Y.O v M.S (Leave to Appeal) (2024-021334)

K.Y.O v M.S (Leave to Appeal) (2024-021334) [2025] ZAGPPHC 655 (13 June 2025)

The High Court refused leave to appeal in a child-residency dispute, holding it acted within inquisitorial powers, gave fair hearing opportunities, and properly awarded costs.

  • Parental Rights And Responsibilities
  • Variation Of Custody
  • Expert Evidence
  • Role Of Family Advocate
  • Leave To Appeal
  • Leave-to-appeal
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Family And Children [2025] ZAGPPHC 503

A.W.F v K.S.R (052216/2024)

A.W.F v K.S.R (052216/2024) [2025] ZAGPPHC 503 (16 May 2025)

Rule 43 interim relief in a pending divorce: the court ordered maintenance, residence, contact arrangements, and a curator ad litem for two minor children.

  • Rule 43 Interim Relief
  • Parental Rights And Responsibilities
  • Spousal Maintenance
  • Child Maintenance
  • Curator Ad Litem Appointment
  • Rule-43-interim-relief
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Family And Children [2025] ZAGPPHC 291

M.C v H.J.C (051384/2022)

M.C v H.J.C (051384/2022) [2025] ZAGPPHC 291 (13 March 2025)

Rule 43 interim maintenance ruling in a divorce matter. The High Court ordered maintenance, accommodation-related relief, contact arrangements, and legal cost contribution.

  • Interim Maintenance
  • Parental Rights And Responsibilities
  • Rule 43 Procedure
  • Contribution To Legal Costs
  • Domestic Violence Protection
  • Primary Residence Of Children
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Family And Children [2025] ZAGPPHC 192

K.O v M.S (2024-021334)

K.O v M.S (2024-021334) [2025] ZAGPPHC 192 (24 February 2025)

The court found that shared residency was not in the best interests of the minor child OR due to the high level of conflict between the parents, their inability to communicate effectively, and the potential emotional disruption to OR and her sibling AL. The social worker's report recommending shared residency was found to lack sufficient factual and scientific support, and did not meet the requirements for expert evidence. The Family Advocate's report, which opposed shared residency and emphasised the importance of stability and quality parenting over equal time, was preferred. The applicant'…

  • Residency Of Minor Children
  • Shared Residency
  • Expert Evidence In Family Law
  • Best Interests Of Child
  • Parental Rights And Responsibilities
  • Variation Of Contact Orders
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Family And Children [2025] ZAGPPHC 167

H.E v M.M (2024/068431)

H.E v M.M (2024/068431) [2025] ZAGPPHC 167 (13 February 2025)

A Rule 43 dispute over a minor child’s primary residence and legal-cost contribution. The court kept primary residence with the respondent, granted interim contact, and dismissed costs.

  • Primary Residence Of Minor
  • Parental Rights And Responsibilities
  • Rule 43 Interim Relief
  • Contribution To Legal Costs
  • Rule-43
  • Minor-child-custody
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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.