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South Africa Case Law

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Family And Children [2025] ZALMPPHC 147

A.C.J.S v A.S (4216/2018)

A.C.J.S v A.S (4216/2018) [2025] ZALMPPHC 147 (31 July 2025)

Divorce judgment dismissing the wife’s claims for rehabilitative maintenance, a motor vehicle, and medical aid contribution. The settlement on children was made an order.

  • Rehabilitative Maintenance
  • Spousal Maintenance
  • Divorce Act Section 7
  • Primary Care And Residence
  • Medical Aid Contribution
  • Motor Vehicle Claim
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Family And Children [2025] ZALMPPHC 135

M.J.P v P.M.P (Appeal) (HCA08/2023)

M.J.P v P.M.P (Appeal) (HCA08/2023) [2025] ZALMPPHC 135 (14 July 2025)

The High Court dismissed an appeal in a divorce matter, upholding the refusal of forfeiture and the award of pension-interest benefits, with no costs order.

  • Forfeiture Of Benefits
  • Division Of Joint Estate
  • Pension Interest
  • Primary Care And Residence
  • Duration Of Marriage
  • Forfeiture-of-benefits
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Family And Children [2025] ZAGPJHC 633

A.S v R.J-L.E (2025-081159)

A.S v R.J-L.E (2025-081159) [2025] ZAGPJHC 633 (20 June 2025)

The court found that, despite two existing orders placing primary care and residence of the minor child with the respondent, the respondent voluntarily handed the child to the applicant for an extended period, indicating recognition of the applicant's suitability as primary caregiver. The court held that the best interests of the child are paramount and that substance must prevail over procedural formality. Given the allegations of alcoholism and mental instability, which the respondent denies but agrees to be tested for, and the applicant's demonstrated ability to provide care with assistanc…

  • Primary Care And Residence
  • Best Interests Of Child
  • Variation Of Court Order
  • Supervised Contact
  • Mental Health Assessment
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Family And Children [2024] ZAGPPHC 1217

C.J.W and Another v S.J.P and Others (88660/2019)

C.J.W and Another v S.J.P and Others (88660/2019) [2024] ZAGPPHC 1217 (2 December 2024)

The High Court removed the maternal grandfather as guardian, appointed the paternal uncle, and awarded primary residence and care to the paternal family.

  • Guardianship Removal
  • Best Interests Of Child
  • Fiduciary Duty Of Guardian
  • Primary Care And Residence
  • Children S Act
  • Testamentary Trust
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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 [2023] ZAFSHC 35

C.L v N.V.V (1575/2021)

C.L v N.V.V (1575/2021) [2023] ZAFSHC 35 (16 February 2023)

The Free State High Court granted leave to appeal to the Full Bench in a child-related matter, holding that another court may reach a different view.

  • Primary Care And Residence
  • Best Interests Of Child
  • Leave To Appeal
  • Costs In Appeal
  • Leave-to-appeal
  • Best-interests-of-the-child
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Family And Children [2022] ZAGPPHC 638

N.J.V v L.C.S (32844/2021)

N.J.V v L.C.S (32844/2021) [2022] ZAGPPHC 638 (25 August 2022)

The High Court ordered the respondent to undergo a drug test and kept interim care and contact arrangements in line with the Family Advocate’s recommendations.

  • Primary Care And Residence
  • Drug Use Allegations
  • Family Advocate Investigation
  • Best Interests Of Child
  • Family-law
  • Child-custody
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Family And Children [2021] ZALMPPHC 11

M.T.L v M.K.L (5181/2020)

M.T.L v M.K.L (5181/2020) [2021] ZALMPPHC 11 (26 March 2021)

The High Court granted Rule 43 interim relief in a divorce matter, awarding primary care of five children, school-related expenses, maintenance, and a reduced costs contribution.

  • Maintenance Pendente Lite
  • Primary Care And Residence
  • Contribution To Legal Costs
  • Rule 43 Procedure
  • Rule-43
  • Interim-maintenance
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Family And Children [2021] ZALMPPHC 6

A.C.J.S v A.S (4216/2018)

A.C.J.S v A.S (4216/2018) [2021] ZALMPPHC 6 (18 February 2021)

The High Court appointed a curatrix ad litem for three minor children in an acrimonious divorce, joined them as interested parties, and ordered party-and-party costs.

  • Curatrix Ad Litem Appointment
  • Children S Rights
  • Best Interests Of Child
  • Divorce Proceedings
  • Primary Care And Residence
  • Costs Order
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Family And Children [2019] ZAFSHC 77

B v B (Naidoo ADJP, Reinders J, Mathebula J)

B v B (Naidoo ADJP, Reinders J, Mathebula J) [2019] ZAFSHC 77 (11 June 2019)

Appeal dismissed in a child-custody dispute; the court upheld the children's residence with the respondent and declined to amend the settlement order.

  • Parental Rights And Responsibilities
  • Primary Care And Residence
  • Best Interests Of Child
  • Children S Act
  • Maintenance
  • Non Joinder
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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.