South Africa Case Law

T.V v Z.L.V (2024/047424)

T.V v Z.L.V (2024/047424) [2025] ZAGPJHC 666 (5 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/047424

Judge

Franck

The court found that the respondent, despite being an attorney and officer of the court, wilfully and mala fide breached the parenting plan made an order of court by frustrating the applicant's contact rights, unlawfully taking the children abroad without proper notice, and denying contact on the child's birthday. The respondent's denials were contradicted by travel records obtained under subpoena, and her conduct constituted both contempt of court and perjury. The respondent failed to discharge her evidential burden regarding wilfulness and mala fides. The court held that a punitive sanction…

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• Parenting Plan
• Contempt Of Court
• Breach Of Contact Rights
• Perjury
• Punitive Costs

Y.S v S.S (9895/25)

Y.S v S.S (9895/25) [2025] ZAWCHC 125 (18 March 2025)

Court

Western Cape High Court, Cape Town

Case number

9895/25

Judge

Thulare

High Court family matter on child contact: the court dismissed a request to appoint a new psychologist, confirmed ongoing reintegration therapy, and ordered supervised contact.

• Parental Responsibilities And Rights
• Supervised Contact
• Best Interests Of Child
• Parenting Plan
• Reintegration Therapy
• Best-interests-of-child

C.H v L.H (Reasons) (32/2025)

C.H v L.H (Reasons) (32/2025) [2025] ZAWCHC 11 (23 January 2025)

Court

Western Cape High Court, Cape Town

Case number

32/2025

Judge

Pangarker

Urgent application to relocate a child and change schools struck off the roll for self-created urgency and lack of proper consultation with the father.

• Children S Act
• Parenting Plan
• Urgent Application
• Maintenance Variation
• Best Interests Of Child
• Child-relocation

D.R v N.M and Another (3358/24)

D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025)

Court

Western Cape High Court, Cape Town

Case number

3358/24

Judge

Lekhukeni

High Court order appointing a psychiatrist to complete a drug assessment and postponing a joint minute on child contact pending further investigation.

• Care And Contact
• Expert Evidence
• Best Interests Of Child
• Joint Minute
• Parenting Plan
• Drug Abuse Assessment

M.M v S.M.T and Another (89027/16)

M.M v S.M.T and Another (89027/16) [2024] ZAGPPHC 1263 (3 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

89027/16

Judge

E van der Schyff

The High Court declared that an interim parenting order lapsed when a later divorce decree incorporated a settlement agreement and parenting plan.

• Parenting Plan
• Interim Order Lapse
• Mediation In Family Disputes
• Curatrix Ad Litem Costs
• Family-law
• Parenting-plans

P.K v L.S.K (Reasons) (2022/21885)

P.K v L.S.K (Reasons) (2022/21885) [2024] ZAGPJHC 1249 (18 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/21885

Judge

Gilbert AJ

The High Court refused a divorce postponement, finding no sufficient basis to attack the settlement agreement, and granted divorce on the agreed terms.

• Postponement Of Proceedings
• Settlement Agreement
• Parenting Plan
• Best Interests Of Child
• Costs Award
• Postponement-of-proceedings

W.L v J.R (22524/2019)

W.L v J.R (22524/2019) [2024] ZAWCHC 428 (7 November 2024)

Court

Western Cape High Court, Cape Town

Case number

22524/2019

Judge

Andrews AJ

The court found that the plaintiff contributed all funds for the acquisition of the marital assets, while the defendant's contributions were negligible and his conduct amounted to substantial misconduct. The defendant admitted in communications that he married the plaintiff to obtain property and tricked her into sharing her assets. The marriage was of short duration, and the cumulative effect of the duration, circumstances of breakdown, and misconduct justified forfeiture of patrimonial benefits. Regarding care and contact, the court accepted expert recommendations for gradual, supervised co…

Source excerpt

• Divorce Act Forfeiture
• Care And Contact
• Parenting Plan
• Maintenance Order
• Mirror Order
• Best Interests Of Child

E.B.S v S.P (2024/119436)

E.B.S v S.P (2024/119436) [2024] ZAGPJHC 1173 (1 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/119436

Judge

Nieuwoudt

The High Court set interim contact arrangements for two young children, ordered family intervention, and emphasized co-parenting and the children’s best interests.

• Parenting Plan
• Contact Rights
• Children S Act
• Best Interests Of Child
• Child-contact
• Parenting-plans

C.A v F.A (111694/2024)

C.A v F.A (111694/2024) [2024] ZAGPPHC 1116 (25 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

111694/2024

Judge

Mokose J

The court found the application to be urgent due to the applicant's imminent employment in the UK and the lack of alternative arrangements in South Africa. The applicant has been the primary caregiver since birth, and the relocation offers significant financial, educational, and familial benefits for the minor child. The respondent's objections regarding urgency and lack of investigation were rejected, as he was aware of the applicant's intentions and failed to provide substantive reasons why relocation would not be in the child's best interests. The court emphasized that the best interests o…

Source excerpt

• Relocation Of Minor Child
• Best Interests Of Child
• Parental Rights And Responsibilities
• Children's Act
• Parenting Plan

P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023)

P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046; [2025] 1 All SA 265 (GP) (10 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

047502/2024

Judge

Haupt AJ

The court held that shared residency is not automatically best for children and required oral evidence, Family Advocate input, and proper maintenance assessment.

• Shared Residency
• Best Interests Of Child
• Maintenance Contributions
• Parenting Plan
• Role Of Family Advocate
• Unopposed Divorce