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South Africa Case Law

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Family And Children [2024] ZAWCHC 77

R.H v N.M (12871/2021)

R.H v N.M (12871/2021) [2024] ZAWCHC 77; [2024] 2 All SA 504 (WCC) (11 March 2024)

The court found that, although the respondent had at times frustrated the applicant's contact with L, her conduct was not so egregious as to override L's expressed desire to remain with his mother. Expert reports confirmed that both parents are capable of providing adequate care and that L has strong bonds with both. The respondent's proposal to allow L to spend a year in Australia with the applicant at age 13 was considered fair and in L's best interests. The court held that the paramount consideration is L's emotional well-being and stability, and that only the most compelling factors shoul…

  • Relocation Of Minor Child
  • Primary Care Variation
  • Children S Act
  • Best Interests Of Child
  • Parental Responsibilities
  • International Child Abduction
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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.