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South Africa Case Law

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Family And Children [2023] ZAGPJHC 1167

E.A.L-B v A.V.M (066657/2023)

E.A.L-B v A.V.M (066657/2023) [2023] ZAGPJHC 1167 (17 October 2023)

The court found no urgency in a family-law application about two minor children, declined to uphold contempt, and ordered the applicant to pay costs.

  • Primary Residence Of Minor Children
  • Supervised Access
  • Contempt Of Court Order
  • Urgency In Family Law
  • Costs Award
  • Family-law
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Family And Children [2023] ZANWHC 77

C.A.L v A.L (DIV31/2020)

C.A.L v A.L (DIV31/2020) [2023] ZANWHC 77 (31 January 2023)

The High Court varied a Rule 43 order in divorce proceedings, placing the children’s primary residence with the applicant and preserving the respondent’s contact rights.

  • Parental Rights And Responsibilities
  • Primary Residence Of Minor Children
  • Rule 43 Variation
  • Best Interests Of Child
  • Expert Reports In Family Law
  • Rule-43-variation
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Family And Children [2022] ZAGPPHC 389

P.M.S v A.S.S (14812/2020)

P.M.S v A.S.S (14812/2020) [2022] ZAGPPHC 389 (3 June 2022)

Divorce judgment awarding primary residence of two minor children to the father, with structured contact to the mother and a monthly maintenance contribution.

  • Primary Residence Of Minor Children
  • Parental Responsibilities And Rights
  • Maintenance Order
  • Division Of Joint Estate
  • Primary-residence-of-minor-children
  • Parental-responsibilities-and-rights
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Family And Children [2021] ZAGPPHC 320

D[....] v D[....] (22683/2012)

D[....] v D[....] (22683/2012) [2021] ZAGPPHC 320 (15 March 2021)

Divorce judgment awarding the defendant primary residence of the children, with structured contact for the plaintiff and interim maintenance pending outstanding issues.

  • Primary Residence Of Minor Children
  • Best Interest Of Child
  • Interim Maintenance
  • Parental Rights And Responsibilities
  • Structured Contact
  • Spousal Maintenance
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Family And Children [2019] ZAFSHC 239

P T v B T (641/2017)

P T v B T (641/2017) [2019] ZAFSHC 239 (5 December 2019)

The court found that the children have been living with the plaintiff and his parents for several years, are settled, and have expressed a clear wish to remain in their current environment. The Family Advocate reports, supported by school and therapist evidence, confirm that the children are thriving and that a change of residence would not be in their best interests. The defendant has not actively participated in the children's lives nor contributed financially to their maintenance. The court held that the best interests of the children require that their primary residence remain with the pl…

  • Primary Residence Of Minor Children
  • Maintenance Obligation
  • Pension Interest Forfeiture
  • Best Interests Of Child
  • Parental Responsibilities And Rights
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Family And Children [2018] ZAFSHC 187

R B v M B (3567/2017)

R B v M B (3567/2017) [2018] ZAFSHC 187 (6 December 2018)

The High Court kept primary care and residence of two minor children with the Respondent, ordered structured contact for the Applicant, and rejected a change in custody.

  • Parental Rights And Responsibilities
  • Primary Residence Of Minor Children
  • Best Interests Of Child
  • Contact Rights
  • Children S Act
  • Parental Alienation
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Family And Children [2016] ZAGPPHC 1195

O.G v T.G (69803/2014)

O.G v T.G (69803/2014) [2016] ZAGPPHC 1195 (22 November 2016)

High Court divorce judgment awarding the father primary residence of four minor children, with contact rights to the mother and 12 months' rehabilitative maintenance.

  • Divorce
  • Primary Residence Of Minor Children
  • Maintenance
  • Division Of Joint Estate
  • Parental Rights And Responsibilities
  • Pension Interest
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Family And Children [2016] ZAGPPHC 273

A.C v J.E.C and Another (32126/2015)

A.C v J.E.C and Another (32126/2015) [2016] ZAGPPHC 273 (29 April 2016)

The High Court ordered shared residency and equal parental responsibilities for three minor children pending divorce, and appointed a case manager.

  • Parental Responsibilities And Rights
  • Primary Residence Of Minor Children
  • Shared Residency
  • Case Manager Appointment
  • Rule 43 Interim Relief
  • Parental-responsibilities-and-rights
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Family And Children [2015] ZAGPPHC 1014

B v B (67576/2009)

B v B (67576/2009) [2015] ZAGPPHC 1014 (27 November 2015)

The court found that the wishes of the minor children, particularly B., were not clear or decisive and that both parents were suitable caregivers. The evidence showed that the children had adapted well to living with the respondent in Potchefstroom and had established relationships and stability in their current environment. The curator ad litem's report focused too narrowly on the children's wishes and failed to conduct a comprehensive assessment of all relevant factors. There was no evidence of any intolerable situation or substantial change in circumstances warranting a variation of the pr…

  • Variation Of Divorce Order
  • Primary Residence Of Minor Children
  • Parental Responsibilities And Rights
  • Best Interests Of Child
  • Children's Act
  • Defined Contact Rights
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Family And Children [2015] ZAGPPHC 728

Baloyi v Baloyi (6208/2014)

Baloyi v Baloyi (6208/2014) [2015] ZAGPPHC 728 (16 October 2015)

In this divorce matter, the High Court awarded primary residence of two minor children to the father, with structured contact for the mother.

  • Primary Residence Of Minor Children
  • Best Interests Of Child
  • Parental Contact
  • Division Of Joint Estate
  • Maintenance Obligations
  • Best-interests-of-child
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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.