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South Africa Case Law

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Family And Children [2012] ZASCA 17

KG v CB and Others (748/11)

KG v CB and Others (748/11) [2012] ZASCA 17; 2012 (4) SA 136 (SCA); [2012] 2 All SA 366 (SCA) (22 March 2012)

Court
Supreme Court of Appeal
Case number
748/11
Judges
Mthiyane, Van Heerden, Leach, Boruchowitz, Plasket

The Supreme Court of Appeal held that CB possessed rights of custody under UK law at the time of T’s removal, as he had parental responsibility and was exercising contact rights. KG’s removal of T from the United Kingdom without CB’s consent was wrongful under the Hague Convention. The appellant failed to prove any defence under Article 13: there was no clear evidence of CB’s consent or acquiescence, and the alleged grave risk of harm or intolerable situation was not substantiated. The court found that protective measures, including undertakings for accommodation, maintenance, and supervised…

Source excerpt

  • International Child Abduction
  • Hague Convention
  • Rights Of Custody
  • Best Interests Of Child
  • Consent And Acquiescence
  • Grave Risk Exception
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Family And Children [2012] ZAGPJHC 45

Central Authority for the Republic of South Africa and Another v MA (11/39798 (2012/1096))

Central Authority for the Republic of South Africa and Another v MA (11/39798 (2012/1096)) [2012] ZAGPJHC 45 (20 March 2012)

Court
South Gauteng High Court, Johannesburg
Case number
11/39798 (2012/1096)
Judge
Satchwell

The court found that the applicants failed to prove that the child was habitually resident in Australia immediately prior to her removal. The child had lived in multiple countries, with no stable or settled residence in Australia, and neither parent had established a settled intention for her to reside there. The father was not exercising rights of custody at the time of removal, having not provided financial or physical care, nor maintained a home for the child in Australia. Even if habitual residence and custody had been established, the child was now settled in South Africa, and her remova…

Source excerpt

  • International Child Abduction
  • Hague Convention
  • Habitual Residence
  • Rights Of Custody
  • Best Interests Of The Child
  • Settled In New Environment
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Family And Children [2006] ZAWCHC 59

G.S v A.H (11592/05)

G.S v A.H (11592/05) [2006] ZAWCHC 59; 2007 (3) SA 330 (C) (22 December 2006)

Court
Western Cape High Court, Cape Town
Case number
11592/05
Judge
B M Griesel

The court held that it has jurisdiction to grant declaratory relief regarding rights of custody under the Hague Convention even before a request from a foreign authority, as such relief may be necessary for a prospective applicant to proceed with a Hague application in another jurisdiction. The court found that, although the applicant father did not possess rights of custody under South African law at the time of the child's removal, the court itself had acquired rights of custody by virtue of being actively seized with custody proceedings in which the child's place of residence and parental…

Source excerpt

  • International Child Abduction
  • Hague Convention
  • Rights Of Custody
  • Declaratory Relief
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.