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South Africa Case Law

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Family And Children [2025] ZAGPJHC 399

T.R.S.T v U.A.R and Others (019086/2023)

T.R.S.T v U.A.R and Others (019086/2023) [2025] ZAGPJHC 399 (14 April 2025)

The High Court refused a mother’s bid to relocate two young children from South Africa to Israel, finding the move not in their best interests.

  • Relocation Of Minor Children
  • Best Interests Of Child
  • Parental Responsibilities And Rights
  • Maintenance
  • International Family Law
  • Relocation-of-minor-children
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Family And Children [2025] ZAGPJHC 112

B.M.S v J.N.W (2024/110526)

B.M.S v J.N.W (2024/110526) [2025] ZAGPJHC 112 (10 February 2025)

The court found that the applicant's decision to relocate with the minor children to Cape Town was reasonable, bona fide, and in their best interests. The evidence demonstrated that the ongoing conflict between the parties had caused significant psychological harm to the children, and that stability with the applicant in Cape Town, supported by family and secure employment, was essential. The respondent's opposition was primarily motivated by a desire to maintain control rather than genuine concern for the children's welfare. Expert reports from Professor Pretorius and directives from the joi…

  • Relocation Of Minor Children
  • Parental Responsibilities And Rights
  • Best Interests Of Child
  • Parenting Coordination
  • Maintenance Orders
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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 [2024] ZAGPJHC 997

A.J v F.J (2024/001162)

A.J v F.J (2024/001162) [2024] ZAGPJHC 997 (4 October 2024)

The court allowed a mother to relocate with two minor children to Australia, dispensed with the father’s consent, set contact arrangements, and dismissed his counter-application.

  • Relocation Of Minor Children
  • Variation Of Custody
  • Parental Responsibilities And Rights
  • Children Act
  • Best Interests Of Child
  • Maintenance Obligations
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Family And Children [2024] ZAWCHC 132

E.L.B v A.V.M (7521/24)

E.L.B v A.V.M (7521/24) [2024] ZAWCHC 132 (14 May 2024)

Urgent family-law application about children’s relocation was struck from the roll because the court found the urgency self-created and unsupported.

  • Parenting Plan
  • Relocation Of Minor Children
  • Urgent Application Procedure
  • Best Interests Of Child
  • Urgent-application-procedure
  • Relocation-of-minor-children
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Family And Children [2024] ZAGPJHC 461

M.M v M.A (109765/2023)

M.M v M.A (109765/2023) [2024] ZAGPJHC 461 (7 April 2024)

The High Court allowed a mother to relocate two minor children to France in July 2024, with detailed contact, travel, therapy, and information-sharing orders.

  • Relocation Of Minor Children
  • Best Interests Of Child
  • Shared Residency
  • Parental Contact
  • Children's Act
  • Freedom Of Movement
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Family And Children [2024] ZAGPJHC 252

E.G v M.G (2023-076058)

E.G v M.G (2023-076058) [2024] ZAGPJHC 252 (11 March 2024)

The High Court granted leave to appeal in a dispute over the relocation of minor children to Cape Town, following an urgent interim interdict application.

  • Relocation Of Minor Children
  • Interim Interdict
  • Best Interests Of Child
  • Leave To Appeal
  • Admissibility Of Evidence
  • Relocation-of-minor-children
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Family And Children [2024] ZAGPJHC 93

H.F v P.D.J.F (2022/028593)

H.F v P.D.J.F (2022/028593) [2024] ZAGPJHC 93 (31 January 2024)

The High Court allowed the mother to take the children to the USA for alternate long school holidays, with contact, travel, and passport arrangements regulated.

  • Relocation Of Minor Children
  • Parental Rights And Responsibilities
  • Best Interests Of Child
  • Contact Arrangements
  • Maintenance
  • Condonation Of Late Filing
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Family And Children [2023] ZAGPJHC 1225

T.R.S v U.A.R and Others (2023-019086)

T.R.S v U.A.R and Others (2023-019086) [2023] ZAGPJHC 1225 (27 October 2023)

The court postponed a child relocation dispute, restrained the applicant’s deportation pending final determination, and discharged an earlier interdict.

  • Relocation Of Minor Children
  • Best Interests Of The Child
  • Interim Interdict
  • Postponement Of Hearing
  • Deportation Restraint
  • Section 165 Constitution
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Family And Children [2023] ZAGPJHC 1219

S.R v M.J.B (37209/2016)

S.R v M.J.B (37209/2016) [2023] ZAGPJHC 1219 (25 October 2023)

The court found that the Applicant is the primary caregiver and the minor children have expressed a clear wish to relocate to New Zealand with her. The Respondent has not had meaningful contact with the children for an extended period, and his conduct has contributed to their estrangement and fear. The financial circumstances necessitate relocation, and the Applicant's employment offer is bona fide. Expert reports did not substantiate parental alienation or any reason to delay relocation for therapy. The best interests of the children require that they relocate with the Applicant, with reunif…

  • Relocation Of Minor Children
  • Best Interests Of Child
  • Parental Consent Dispensed
  • Parenting Coordinator Appointment
  • Reunification Therapy
  • Costs Order
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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.