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South Africa Case Law

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Family And Children [2025] ZAKZPHC 54

D.R.R v S.D.R and Another (8947/2022P)

D.R.R v S.D.R and Another (8947/2022P) [2025] ZAKZPHC 54 (28 May 2025)

Leave to appeal was refused in a child-care dispute because the applicant showed no reasonable prospect of success and no compelling reason to appeal.

  • Primary Care Of Children
  • Best Interests Of Child
  • Leave To Appeal
  • Consent Orders
  • Sibling Separation
  • Leave-to-appeal
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Family And Children [2024] ZAFSHC 315

N.C.L v P.A.L (87/2023)

N.C.L v P.A.L (87/2023) [2024] ZAFSHC 315 (15 October 2024)

An eleventh-hour postponement of a divorce trial was granted, but the defendant was ordered to pay the application, opposition, and wasted costs.

  • Divorce Postponement
  • Costs Award
  • Primary Care Of Children
  • Wasted Costs
  • Divorce-postponement
  • Costs-order
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Family And Children [2023] ZAECQBHC 41

C.J.H (Born A) v C.F.H (1378/2022)

C.J.H (Born A) v C.F.H (1378/2022) [2023] ZAECQBHC 41 (20 July 2023)

Rule 43 interim relief in a divorce matter. The court ordered primary residence, maintenance, school fee contributions, and R35,000 toward incurred legal costs.

  • Rule 43 Interim Relief
  • Maintenance Pendente Lite
  • Contribution To Costs
  • Primary Care Of Children
  • Rule-43
  • Maintenance-pendente-lite
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Family And Children [2022] ZAGPPHC 757

P.D.D (Born M) v P.A.D (414744/16)

P.D.D (Born M) v P.A.D (414744/16) [2022] ZAGPPHC 757 (13 October 2022)

The High Court granted a divorce, divided the joint estate, awarded primary care of the children to the applicant, ordered interim child maintenance, and made a costs order against the respondent.

  • Divorce
  • Division Of Joint Estate
  • Primary Care Of Children
  • Maintenance
  • Costs Order
  • Child-custody
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Family And Children [2022] ZAECELLC 22

Q.P.Z (born T) v M.D.Z (EL1154/2022)

Q.P.Z (born T) v M.D.Z (EL1154/2022) [2022] ZAECELLC 22 (30 August 2022)

Rule 43 interim relief granted in a divorce matter, including primary care, maintenance for the children and applicant, school expenses, and a legal-cost contribution.

  • Maintenance Pendente Lite
  • Primary Care Of Children
  • Contribution To Legal Costs
  • Division Of Household Expenses
  • Rule-43
  • Maintenance-pendente-lite
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Family And Children [2019] ZAFSHC 2

H S v J S (1025/2016)

H S v J S (1025/2016) [2019] ZAFSHC 2 (7 March 2019)

A mother sought to vary a divorce settlement to make her the primary caregiver of two children. The High Court dismissed the application and left the shared arrangement in place.

  • Variation Of Settlement Agreement
  • Primary Care Of Children
  • Best Interests Of Child
  • Shared Residence
  • Parental Conflict
  • Family-law
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Family And Children [2018] ZAECGHC 74

M.B v N.B (CA&R60/2017)

M.B v N.B (CA&R60/2017) [2018] ZAECGHC 74 (28 August 2018)

The magistrate misdirected herself by relying on an unsupported finding regarding the appellant's helper and failing to consider the relevant factors set out in section 7 of the Children's Act to determine the best interests of the children. Despite this error, a holistic assessment of the evidence demonstrates that the children have resided with the respondent in a stable and caring environment for over three years, and another change in their primary residence would likely be detrimental. Both parents are capable and competent, but the continuity and stability provided by the respondent, su…

  • Primary Care Of Children
  • Best Interests Of Child
  • Parental Responsibilities And Rights
  • Maintenance
  • Structured Contact
  • Division Of Joint Estate
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Family And Children [2015] ZAECPEHC 1

A.C v R.C (4374/14)

A.C v R.C (4374/14) [2015] ZAECPEHC 1 (13 January 2015)

The High Court dismissed an urgent bid to change primary care of two children, finding the matter was already before the Regional Court and no exceptional urgency was shown.

  • Primary Care Of Children
  • Best Interests Of Child
  • Urgent Interim Relief
  • Lis Pendens
  • Variation Of Divorce Order
  • Family-law
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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.