South Africa Case Law

C.S.S v O.R (000763/2024)

C.S.S v O.R (000763/2024) [2024] ZAGPPHC 37 (26 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

000763/2024

Judge

Phooko

The court found the matter urgent due to the imminent school term and the need to protect the children's best interests. However, it declined to grant the applicant's request for immediate return of the children, citing the absence of a Family Advocate investigation and the need to consider the children's views and welfare. The court ordered the Family Advocate to urgently investigate and report on the children's best interests regarding residence and contact. Pending this report, the children are to remain with the respondent, with the applicant granted reasonable contact. The respondent may…

Source excerpt

• Best Interests Of The Child
• Urgent Interim Relief
• Family Advocate Investigation
• Parental Responsibilities And Rights
• Primary Residence Dispute

L.L.N v T.C.N (Born M) (30669/2022)

L.L.N v T.C.N (Born M) (30669/2022) [2022] ZAGPPHC 598 (12 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

30669/2022

Judge

Kubushi

The High Court granted a father permission to relocate two minor children to Algeria and to sign passport documents if the mother refused, finding the move in the children’s best interests.

• Children's Act Section 18
• Relocation Of Minor Children
• Primary Residence Dispute
• Passport Application
• Best Interests Of Child
• Relocation-of-minor-children

E.S v J.F.S (3376/2016)

E.S v J.F.S (3376/2016) [2016] ZAGPPHC 714 (31 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

3376/2016

Judge

T M Makgoka

A Rule 43 interim application over a child’s primary residence and maintenance was dismissed, with the court leaving the existing care arrangement in place pending the Family Advocate’s report.

• Interim Care And Contact
• Primary Residence Dispute
• Maintenance Pending Divorce
• Rule-43
• Child-custody
• Primary-residence