South Africa Case Law

M.T.A v K.L.A (4323/2024)

M.T.A v K.L.A (4323/2024) [2024] ZAECQBHC 79 (19 November 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

4323/2024

Judge

T Rossi

The court held that, although the respondent's manner of relocation was impulsive and contrary to the spirit of co-parenting, she has been the de facto primary carer of the minor child for most of her life, and her capabilities as a parent are not seriously challenged. The applicant's contact rights are affected by the move, but the paramount consideration is the child's best interests. Granting interim primary care to the applicant would risk the child being shuttled between parents, undermining her sense of security. Given the interim nature of the relief and the pending investigation by th…

Source excerpt

• Parental Rights And Responsibilities
• Relocation Of Minor
• Best Interests Of Child
• Interim Care And Contact

V.L v F.N (4760/2024)

V.L v F.N (4760/2024) [2024] ZAWCHC 146 (30 May 2024)

Court

Western Cape High Court, Cape Town

Case number

4760/2024

Judge

Salie

Urgent relocation dispute over a minor child’s move to Germany. The High Court found relocation was in the child’s best interests and allowed it immediately.

• Relocation Of Minor
• Best Interests Of Child
• Children S Act
• Parenting Plan
• Urgent Application
• Child-relocation

N.N v S.M.A (093796/2023)

N.N v S.M.A (093796/2023) [2024] ZAGPPHC 504 (24 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

093796/2023

Judge

Retief

The High Court granted a father primary care and relocation of his son to Cameroon, subject to parental guidance, attachment therapy, and a contact plan.

• Relocation Of Minor
• Primary Care And Residency
• Parental Rights And Responsibilities
• Voice Of The Child
• Attachment Therapy
• Relocation-of-minor

T.R v S.M (035901/2023)

T.R v S.M (035901/2023) [2024] ZAGPJHC 150 (21 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

035901/2023

Judge

Mahomed

The court found that the applicant failed to demonstrate any reasonable prospects of success on appeal. The issues regarding relocation had become moot as the respondent was no longer relocating, and the minor child would remain in her current location. The applicant did not provide substantive reasons or evidence why relocation was not in the child's best interests, nor did he obtain a family advocate's report. The court held that there were no genuine disputes of fact requiring referral to trial and that the applicant's access rights were adequately considered and provided for in the judgme…

Source excerpt

• Leave To Appeal
• Punitive Costs Order
• Best Interests Of Child
• Relocation Of Minor
• Maintenance
• Access Rights

DM v CHP (B6773/23)

DM v CHP (B6773/23) [2024] ZAGPPHC 76 (4 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

B6773/23

Judge

de Vos

The respondent’s unilateral decision to relocate the child and restrict the applicant’s contact rights constitutes a breach of both the parties’ agreement and section 31(2) of the Children’s Act, which requires consultation and consideration of the co-holder’s views before making decisions that significantly affect parental rights. The evidence does not support the respondent’s claim of having relocated, and the applicant presented objective proof that the child’s life remains centred in Pretoria. The urgency of the matter is established by the immediate and adverse impact on the child’s rela…

Source excerpt

• Parental Responsibilities And Rights
• Child Contact
• Relocation Of Minor
• Best Interests Of Child
• Children S Act
• Status Quo Ante

L.V v L.V (2501/2022)

L.V v L.V (2501/2022) [2023] ZAECQBHC 52 (15 September 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

2501/2022

Judge

V P Noncembu

The court dismissed a Rule 6(5)(g) referral to oral evidence in a child-relocation dispute, finding no material factual disputes and appointing an expert instead.

• Children S Act
• Best Interests Of Child
• Variation Of Settlement
• Parental Responsibilities
• Relocation Of Minor
• Oral Evidence Application

O.M v M.C (2022/031103)

O.M v M.C (2022/031103) [2023] ZAGPJHC 254 (3 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/031103

Judge

F Bezuidenhout

The court allowed a mother to relocate with her child to Australia, but ordered a pre-departure reunification process led by an independent psychologist.

• Relocation Of Minor
• Parental Responsibilities And Rights
• Reunification Therapy
• Parental Alienation
• Best Interests Of Child
• Costs Order

D v D (14582/2022)

D v D (14582/2022) [2022] ZAGPJHC 1009 (19 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

14582/2022

Judge

MIA

High Court case granting a father leave to relocate his 13-year-old daughter to Croatia, after finding the move was in her best interests.

• Relocation Of Minor
• Best Interests Of Child
• Parental Responsibilities
• Voice Of Child
• International Parenting Plan
• Child-relocation

C.F v S.G (538/2022)

C.F v S.G (538/2022) [2022] ZAWCHC 204 (20 October 2022)

Court

Western Cape High Court, Cape Town

Case number

538/2022

Judge

J Cloete

The court found that the applicant's decision to relocate was bona fide and reasonable, supported by expert evidence that ongoing conflict and the respondent's untreated psychiatric conditions posed risks to both the applicant's and the child's wellbeing. The expert opinions established that the respondent's ability to co-parent was impaired and that delaying relocation would perpetuate trauma and conflict, negatively affecting the child. The court held that the best interests of the child required relocation with the applicant to the UK, where she would have access to family support, stable…

Source excerpt

• Relocation Of Minor
• Parental Responsibilities And Rights
• Best Interests Of Child
• Parenting Plan
• Supervised Contact
• Maintenance

M[...] v B[...] (16306/2021)

M[...] v B[...] (16306/2021) [2021] ZAGPPHC 230 (12 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

16306/2021

Judge

E van der Schyff

Urgent interim relocation and custody dispute over a six-year-old child. The court awarded primary care to the father pending Family Advocate investigation.

• Child Custody
• Best Interests Of Child
• Parental Rights And Responsibilities
• Relocation Of Minor
• Interim Care And Contact
• Children Act Section 7 And 9