South Africa Case Law

V.D.S v W.M (1702/2018)

V.D.S v W.M (1702/2018) [2024] ZAWCHC 295 (16 September 2024)

Court

Western Cape High Court, Cape Town

Case number

1702/2018

Judge

Andrews

The court found that the applicant failed to exhaust the internal remedies provided in the Parenting Plan, which require disputes to be resolved first through a Parent Plan Collaborator and then a facilitator before litigation is pursued. The applicant did not provide cogent reasons for bypassing these mechanisms. Furthermore, the applicant did not discharge the onus to prove that the proposed variation to the Parenting Plan would be in the best interests of the children, as their voices and participation were absent from the process. The court emphasized the constitutional and statutory impe…

Source excerpt

• Parenting Plan Variation
• Best Interests Of Child
• Internal Remedies Exhaustion
• Contact Rights
• Medical Expenses Liability

L.B v L.A.E (8551/2022)

L.B v L.A.E (8551/2022) [2023] ZAGPPHC 1915 (21 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

8551/2022

Judge

Erasmus AJ

The court found that the applicant failed to provide compelling reasons for the appointment of a clinical psychologist, as the issues raised were adequately addressed by previous expert reports and the Family Advocate. The evidence showed that the minor child is generally happy, secure, and well-balanced, though some developmental concerns exist. The court determined that the current contact regime lacks sufficient structure and routine, contributing to the child's uneasiness. The best interests of the child require a more stable and predictable contact schedule, not increased contact or slee…

Source excerpt

• Parenting Plan Variation
• Best Interests Of Child
• Contact Rights
• Clinical Psychologist Investigation
• Family Advocate Report

T.S v S.D (7389/2023)

T.S v S.D (7389/2023) [2023] ZAWCHC 288 (20 November 2023)

Court

Western Cape High Court, Cape Town

Case number

7389/2023

Judge

Holderness

High Court granted the mother permission to relocate two minor children from South Africa to Dubai, finding the move bona fide, reasonable, and in their best interests.

• Child Relocation
• Parenting Plan Variation
• Best Interests Of Child
• International Enforcement
• Parental Rights And Responsibilities
• Child-relocation

D.J.B (born M) v M.B (13973/2020)

D.J.B (born M) v M.B (13973/2020) [2021] ZAWCHC 27 (18 February 2021)

Court

Western Cape High Court, Cape Town

Case number

13973/2020

Judge

Pangarker

On an urgent relocation application, the court allowed two children to move to Centurion, approved Midstream College, amended contact arrangements, and made no costs order.

• Child Relocation
• Parenting Plan Variation
• Best Interests Of Child
• School Choice
• Contact Rights
• Costs In Family Law

A.J.H v A.H (23610/2016)

A.J.H v A.H (23610/2016) [2018] ZAGPPHC 495 (29 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

23610/2016

Judge

Senyatsi

The High Court dismissed a bid to vary a parenting plan and ordered the applicant to pay costs, finding no basis to change the children’s residence from the respondent.

• Parenting Plan Variation
• Custody And Access
• Best Interests Of Child
• Costs In Family Law
• Parenting-plan-variation
• Custody-and-access

H G v C G (1408/2009)

H G v C G (1408/2009) [2009] ZAECPEHC 48; 2010 (3) SA 352 (ECP) (10 September 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1408/2009

Judge

Chetty

The court refused a mother’s bid to vary a parenting plan and relocate four children to Dubai, holding that the children’s views and best interests were decisive.

• Parenting Plan Variation
• Relocation Of Minor Children
• Best Interests Of Child
• Child Participation
• Children S Act
• Custody And Access