South Africa Case Law

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

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

Court

South Gauteng High Court, Johannesburg

Case number

37209/2016

Judge

Franck AJ

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…

Source excerpt

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

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

S.B v S.S (D4934/2019)

S.B v S.S (D4934/2019) [2022] ZAKZDHC 39 (8 September 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

D4934/2019

Judge

Ploos Van Amstel

The court ordered co-parental rights, primary residence with the respondent, reunification therapy, and a later psychological evaluation before revisiting contact.

• Parental Responsibilities And Rights
• Child Residence
• Supervised Contact
• Psychological Evaluation
• Reunification Therapy
• Family-law