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South Africa decisions
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P.C v C.C (2024-005569) [2025] ZAGPPHC 762 (22 July 2025)
An urgent application to permanently change a minor child’s primary residence was postponed sine die for further Family Advocate or expert investigation.
Sebatsana (022746/2023), Ex parte [2024] ZAGPPHC 784 (7 August 2024)
The High Court admitted the applicant as a legal practitioner, finding she was fit and proper despite prior misconduct, disclosure issues, and LPC opposition.
D.W.A v C.A - Rule 43 Application (1126/2022) [2023] ZAECQBHC 53 (26 September 2023)
The court appointed a counselling psychologist and mediator in a Rule 43 divorce dispute to help protect two children affected by parental conflict.
Ex Parte: JCR and Others (51606/21) [2022] ZAGPPHC 209; 2022 (5) SA 202 (GP) (16 March 2022)
The court held that confirmation of a surrogate motherhood agreement under section 295 of the Children’s Act requires a thorough assessment of the interests of all children affected, including the surrogate’s own children and any children of the commissioning parents. The court found that the applicants had provided sufficient medical and psychological evidence demonstrating the third applicant’s suitability for another surrogacy, and that the children of the surrogate had been adequately prepared and assessed for the psychological impact. The judgment emphasized that the best interests of al…
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H.H v L.M.A (3584/2018) [2018] ZAECGHC 135 (18 December 2018)
The court dismissed an urgent father's application for extended holiday contact, finding it was not in the children's best interests, and granted the mother's counter-application.
KAF and Others (2018/5329), Ex parte [2018] ZAGPJHC 529; 2019 (2) SA 510 (GJ) (28 June 2018)
The court found that ND meets the statutory criteria for suitability as a surrogate mother under section 295 of the Children’s Act, based on comprehensive psychological and medical assessments, her stable family environment, and her altruistic motivation. The financial arrangements were deemed transparent and limited to reasonable expenses, not constituting unlawful commercialisation. The court emphasised the need for objective criteria in assessing suitability, noting that each case must be judged on its own facts and that personal perceptions should not influence the decision. The previous…
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S.H v S.A.R (3450/2017) [2018] ZAECPEHC 19 (8 May 2018)
The court found that the respondent's circumstances had deteriorated, with loss of employment, unstable housing, and the end of her relationship, resulting in diminished ability to provide stability and security for the minor child. Expert reports from the Family Advocate, Advocate Rossi, and Mr Kew supported the applicant's greater capacity to provide for the child's developmental needs. While acknowledging the emotional bond between the child and respondent, the court held that the applicant is currently better positioned to ensure the child's welfare, education, and psychological developme…
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M v B (272/2017) [2017] ZAFSHC 122 (6 July 2017)
Custody dispute over three minor children, with the court applying the child’s best interests and ordering the children to remain with the respondent.
Barbieri v Barbieri (4316/2013) [2013] ZAKZDHC 19 (17 May 2013)
The court held that the best interests of the children must take precedence over the respondent's constitutional right to privacy in the context of psychological assessments for determining primary residence. The respondent had previously agreed to attend the assessment, and the applicant had already complied with his obligations by attending the respondent's expert. Allowing parties to be accompanied by attorneys during such assessments would undermine the integrity of the process and potentially prevent experts from conducting meaningful evaluations, which are essential for the court's deci…
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Hardwick v Hardwick (AR 355/07) [2008] ZAKZHC 43 (14 February 2008)
Appeal against a custody order was dismissed. The court upheld custody of the minor child with the respondent, applying the child’s best interests standard.
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