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South Africa decisions
Decisions matching the current search
S.A.H. v S.B.H. (2025/038564) [2025] ZAGPJHC 538 (5 June 2025)
The High Court upheld an automatic appeal and suspended a relocation order pending appeal, finding no exceptional circumstances or irreparable harm under section 18(3).
C.A v F.A (111694/2024) [2024] ZAGPPHC 1116 (25 October 2024)
The court found the application to be urgent due to the applicant's imminent employment in the UK and the lack of alternative arrangements in South Africa. The applicant has been the primary caregiver since birth, and the relocation offers significant financial, educational, and familial benefits for the minor child. The respondent's objections regarding urgency and lack of investigation were rejected, as he was aware of the applicant's intentions and failed to provide substantive reasons why relocation would not be in the child's best interests. The court emphasized that the best interests o…
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R.H v N.M (12871/2021) [2024] ZAWCHC 77; [2024] 2 All SA 504 (WCC) (11 March 2024)
The court found that, although the respondent had at times frustrated the applicant's contact with L, her conduct was not so egregious as to override L's expressed desire to remain with his mother. Expert reports confirmed that both parents are capable of providing adequate care and that L has strong bonds with both. The respondent's proposal to allow L to spend a year in Australia with the applicant at age 13 was considered fair and in L's best interests. The court held that the paramount consideration is L's emotional well-being and stability, and that only the most compelling factors shoul…
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T.R v S.M (035901/2023) [2024] ZAGPJHC 35 (17 January 2024)
The High Court granted a mother leave to relocate her 12-year-old daughter to Kenya, dispensing with the father’s consent and limiting his rights to contact and maintenance.
M.J.T v K.T (Reasons) (2023-065213) [2023] ZAGPPHC 1148 (12 September 2023)
The High Court dismissed an application to relocate a minor child to Canada, holding that the settlement clause concerned travel consent, not primary residence, and awarded punitive costs.
J.K.N v P.Z (012791/2022) [2023] ZAGPJHC 798 (15 June 2023)
The High Court permitted a mother to relocate with her 11-year-old son to Ireland, finding the move bona fide and in the child’s best interests.
D.J.H v A.H (914/2023) [2023] ZAECMKHC 46 (4 April 2023)
The court limited the Family Advocate’s inquiry to relocation issues and refused to reopen the settled primary-caregiver question, granting interim relief by agreement.
W.R.T v M.C.T (16886/2022) [2023] ZAWCHC 42 (3 March 2023)
High Court approved a mother’s relocation with a special-needs child, finding the move bona fide and in the child’s best interests despite the father’s return application.
J.B v R.E (9202 / 2022) [2023] ZAWCHC 3 (17 January 2023)
The High Court granted a relocation order allowing the applicant to move with the minor child to Lyon, France, and set detailed care and contact arrangements.
A.D.B v B.A.K (15944/22P) [2023] ZAKZPHC 1 (9 January 2023)
The High Court allowed a mother to relocate with her two-year-old child from Durban to Cape Town for better employment, preserving the father’s contact rights.
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