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South Africa Case Law

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Family And Children [2025] ZAGPPHC 291

M.C v H.J.C (051384/2022)

M.C v H.J.C (051384/2022) [2025] ZAGPPHC 291 (13 March 2025)

Rule 43 interim maintenance ruling in a divorce matter. The High Court ordered maintenance, accommodation-related relief, contact arrangements, and legal cost contribution.

  • Interim Maintenance
  • Parental Rights And Responsibilities
  • Rule 43 Procedure
  • Contribution To Legal Costs
  • Domestic Violence Protection
  • Primary Residence Of Children
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Family And Children [2024] ZAGPPHC 1346

M.O v T.S (079417/2024)

M.O v T.S (079417/2024) [2024] ZAGPPHC 1346 (13 December 2024)

The court found that no sufficient case was made for exclusive primary residence of the minor children with the applicant, and that the maternal preference rule should not be departed from without compelling reasons. The best interests of the children require stability and continuity in their routine and schooling. The eldest child, nearing majority, should have her wishes respected. The applicant is obliged to maintain the respondent and children at a level consistent with their previous standard of living, subject to his financial capacity. The respondent demonstrated a real and pressing ne…

  • Primary Residence Of Children
  • Maintenance Pendente Lite
  • Contribution To Legal Costs
  • Best Interests Of Child
  • Rule 43 Proceedings
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Family And Children [2024] ZAGPJHC 1285

S.L.M v F.R.R.M (2024/117895)

S.L.M v F.R.R.M (2024/117895) [2024] ZAGPJHC 1285 (12 December 2024)

Urgent family-law application about whether minor children should relocate to Cape Town with their mother and who should pay interim travel costs.

  • Variation Of Consent Paper
  • Primary Residence Of Children
  • Best Interests Of Child
  • Parental Rights And Responsibilities
  • Relocation Of Minor Children
  • Family-law
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Family And Children [2023] ZAGPPHC 2050

WLB and Another v BSB (2023-126880)

WLB and Another v BSB (2023-126880) [2023] ZAGPPHC 2050 (22 December 2023)

An urgent application to transfer two minor children to their paternal grandmother was dismissed, with the Family Advocate ordered to investigate care, residence and contact.

  • Primary Residence Of Children
  • Best Interests Of Child
  • Urgent Interim Relief
  • Family Advocate Investigation
  • Family-law
  • Children-custody
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Family And Children [2020] ZAFSHC 241

N L v J L (3323/2020)

N L v J L (3323/2020) [2020] ZAFSHC 241 (14 October 2020)

Rule 43 interim relief case where the High Court granted reduced maintenance, primary care of the children, vehicle use, and a legal-cost contribution.

  • Rule 43 Interim Relief
  • Maintenance Pendente Lite
  • Primary Residence Of Children
  • Contribution To Legal Costs
  • Rule-43
  • Interim-maintenance
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Family And Children [2020] ZAGPJHC 19

M C v F D (5544/2017)

M C v F D (5544/2017) [2020] ZAGPJHC 19 (30 January 2020)

The High Court struck out the respondent’s defence and counterclaim in a divorce matter and ordered punitive costs after a withdrawn recusal application.

  • Divorce Action
  • Primary Residence Of Children
  • Rule 43 Variation
  • Recusal Application
  • Punitive Costs
  • Divorce-action
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Family And Children [2019] ZAGPPHC 409

L.M.G (born L) v L.J (45637/2014)

L.M.G (born L) v L.J (45637/2014) [2019] ZAGPPHC 409 (30 August 2019)

Divorce judgment granting the wife primary residence of both children, division of the joint estate, and 50% of the husband’s pension benefits; forfeiture claim dismissed.

  • Division Of Joint Estate
  • Forfeiture Of Benefits
  • Primary Residence Of Children
  • Maintenance
  • Parental Rights And Responsibilities
  • Divorce
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Family And Children [2013] ZAGPPHC 123

X.K.V v M.S.V (2006/12)

X.K.V v M.S.V (2006/12) [2013] ZAGPPHC 123 (15 May 2013)

Urgent Rule 43(6) application to vary interim residence arrangements for two children was struck from the roll for non-compliance, lack of urgency, and abuse of process.

  • Rule 43 Variation
  • Primary Residence Of Children
  • Urgent Application Practice
  • Costs In Child Disputes
  • Rule-43
  • Urgent-applications
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Family And Children [2013] ZANWHC 13

Bezuidenhout v Bezuidenhout (1954/2011)

Bezuidenhout v Bezuidenhout (1954/2011) [2013] ZANWHC 13 (14 February 2013)

The court granted both parents parental rights and responsibilities, placed the children’s primary residence with the applicant, and ordered maintenance and medical aid coverage.

  • Parental Rights And Responsibilities
  • Primary Residence Of Children
  • Maintenance
  • Contact Rights
  • Family-law
  • Parental-responsibilities
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Family And Children [2011] ZAGPJHC 132

B v B (15073/210)

B v B (15073/210) [2011] ZAGPJHC 132 (8 September 2011)

High Court divorce action granting a decree of divorce and ancillary orders on children's residence, contact, and accrual-based asset division.

  • Divorce
  • Parental Rights And Responsibilities
  • Primary Residence Of Children
  • Accrual System
  • Appointment Of Receiver
  • Children-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.