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South Africa Case Law

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Family And Children [2025] ZAGPJHC 695

S.V.D.B. v H.E.V.D.B (2024/067811)

S.V.D.B. v H.E.V.D.B (2024/067811) [2025] ZAGPJHC 695 (16 July 2025)

The High Court granted leave to appeal only on the relocation order, while refusing leave on contact and contribution toward costs in a child-relocation dispute.

  • Primary Residence
  • Relocation Of Children
  • Interim Interdict
  • Contribution Toward Costs
  • Rule 43 Applications
  • Child-relocation
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Family And Children [2025] ZAGPPHC 329

G.J.N v M.C (34350/2020)

G.J.N v M.C (34350/2020) [2025] ZAGPPHC 329 (24 March 2025)

High Court orders a forensic investigation into children’s best interests, appoints a parenting coordinator, and dismisses the respondent’s counterclaim.

  • Primary Residence
  • Parental Alienation
  • Forensic Investigation
  • Parenting Coordinator
  • Variation Of Settlement Agreement
  • Maintenance
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Family And Children [2025] ZAGPJHC 313

S.V.D.B v H.E.V.D.B (2024/067811)

S.V.D.B v H.E.V.D.B (2024/067811) [2025] ZAGPJHC 313 (20 March 2025)

The court found that the respondent's relocation was bona fide, financially necessary, and not contrary to the children's best interests. The applicant failed to substantiate claims that the move would harm the children and refused to participate in mediation or a voice of the child investigation. The respondent provided sufficient evidence of her employment, new home, and arrangements for the children's schooling and support system in Cape Town. The court held that the applicant's opposition was not based on concrete evidence and that the respondent's proposals for maintaining contact were r…

  • Relocation Of Children
  • Primary Residence
  • Voice Of Child
  • Contribution To Legal Costs
  • Parental Responsibilities
  • Best Interests Of Child
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Family And Children [2025] ZAGPJHC 260

T.M.N v Y.N (2024/110088)

T.M.N v Y.N (2024/110088) [2025] ZAGPJHC 260 (13 March 2025)

The High Court changed the children’s primary residence to the applicant, citing the respondent’s alcohol use, conflictual co-parenting, and parental alienation concerns.

  • Primary Residence
  • Parental Alienation
  • Alcohol Abuse
  • Co Parenting
  • Children Best Interests
  • Expert Evidence
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Family And Children [2025] ZAGPJHC 220

L.E.N v S.T.N (2025/021458)

L.E.N v S.T.N (2025/021458) [2025] ZAGPJHC 220 (28 February 2025)

The High Court granted interim primary residence of two minor children to their mother pending a forensic psychological assessment and further order.

  • Primary Residence
  • Child Abuse Allegations
  • Best Interests Of Child
  • Forensic Psychological Assessment
  • Supervised Contact
  • Interim Relief
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Family And Children [2025] ZALMPPHC 10

R.B v E.B (3893/2022)

R.B v E.B (3893/2022) [2025] ZALMPPHC 10 (27 January 2025)

The court changed a shared care arrangement for a young child, placing primary residence with the respondent pending a psychologist’s report, with reasonable contact for the applicant.

  • Primary Residence
  • Best Interests Of Child
  • Variation Of Care Order
  • Children S Act
  • Parental Responsibilities
  • Family Advocate Report
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Family And Children [2024] ZAGPJHC 1286

S.M v D.L (2024/129392)

S.M v D.L (2024/129392) [2024] ZAGPJHC 1286 (9 December 2024)

The High Court granted interim unsupervised contact for a father, but declined sleepover contact for now, pending a social worker’s report.

  • Parental Contact
  • Primary Residence
  • Best Interests Of Child
  • Rule 43 Proceedings
  • Family-law
  • Child-contact
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Family And Children [2024] ZAMPMHC 58

L.S.M v T.C.T (3701/2021)

L.S.M v T.C.T (3701/2021) [2024] ZAMPMHC 58 (8 November 2024)

The High Court granted a mother leave to relocate her minor child to Mauritius, finding the move bona fide, reasonable, and in the child’s best interests.

  • Child Relocation
  • Primary Residence
  • Parental Consent
  • Best Interests Of Child
  • Custody
  • Visitation Rights
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Family And Children [2024] ZAFSHC 292

J.G and Others v M.S.L (4457/2024)

J.G and Others v M.S.L (4457/2024) [2024] ZAFSHC 292 (17 September 2024)

The High Court dismissed an urgent application to change a child’s primary residence and contact arrangements, finding no urgency, no best-interest basis, and abuse of process.

  • Parenting Plan
  • Urgent Interim Relief
  • Best Interests Of Child
  • Abuse Of Process
  • Primary Residence
  • Parental Rights And Responsibilities
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Family And Children [2024] ZAGPJHC 227

M.C.B v N.G (17885-2020)

M.C.B v N.G (17885-2020) [2024] ZAGPJHC 227 (6 March 2024)

The court found that the psychologist's report raised serious concerns about the respondent's ability to care for the minor child and that the status quo did not serve the child's best interests. As upper guardian, the court is empowered to grant interim relief even if not specifically sought by the applicant, especially where the child's welfare is at risk. The court ordered an urgent investigation by the Family Advocate and a forensic psychologist, and, pending the outcome, vested primary residence with the applicant. The respondent's counter-application was largely dismissed except for the…

  • Primary Residence
  • Best Interests Of Child
  • Forensic Assessment
  • Parental Rights And Responsibilities
  • Child Protection
  • Rule Nisi
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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.