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South Africa Case Law

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Family And Children [2025] ZAGPPHC 655

K.Y.O v M.S (Leave to Appeal) (2024-021334)

K.Y.O v M.S (Leave to Appeal) (2024-021334) [2025] ZAGPPHC 655 (13 June 2025)

The High Court refused leave to appeal in a child-residency dispute, holding it acted within inquisitorial powers, gave fair hearing opportunities, and properly awarded costs.

  • Parental Rights And Responsibilities
  • Variation Of Custody
  • Expert Evidence
  • Role Of Family Advocate
  • Leave To Appeal
  • Leave-to-appeal
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Family And Children [2024] ZAGPPHC 1046

P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023)

P.V.Z v L.V.Z (047502/2024 ; 36830/2022 ; 064524/2023) [2024] ZAGPPHC 1046; [2025] 1 All SA 265 (GP) (10 October 2024)

The court held that shared residency is not automatically best for children and required oral evidence, Family Advocate input, and proper maintenance assessment.

  • Shared Residency
  • Best Interests Of Child
  • Maintenance Contributions
  • Parenting Plan
  • Role Of Family Advocate
  • Unopposed Divorce
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Family And Children [2022] ZAGPJHC 526

L v L (49805/2021; 49806/2021)

L v L (49805/2021; 49806/2021) [2022] ZAGPJHC 526 (8 August 2022)

Two unopposed divorce matters were removed from the roll after the court raised concerns about settlement terms seeking to terminate parental responsibilities and rights.

  • Termination Of Parental Rights
  • Child Maintenance
  • Best Interests Of Child
  • Settlement Agreement
  • Role Of Family Advocate
  • Family-law
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Family And Children [2018] ZAFSHC 42

JM and Another v Free State Care In Action and Others (5829/2017)

JM and Another v Free State Care In Action and Others (5829/2017) [2018] ZAFSHC 42 (5 April 2018)

The High Court dismissed an urgent application to set aside a Children’s Court order, holding that review or appeal was the proper route and email service was inadequate.

  • Children S Act
  • Jurisdiction Of Children S Court
  • Review Vs Appeal
  • Service Of Process
  • Role Of Family Advocate
  • Children-s-court
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Family And Children [2014] ZAGPJHC 401

LM v Goldstein NO and Others (27168/2013, 12782/2014)

LM v Goldstein NO and Others (27168/2013, 12782/2014) [2014] ZAGPJHC 401; 2016 (1) SA 465 (GJ) (5 September 2014)

The High Court held that case managers could not suspend a parent’s rights under a settlement agreement and ordered the Family Advocate to investigate.

  • Parental Rights And Responsibilities
  • Children S Act
  • Case Management In Family Law
  • Declaratory Relief
  • Supervised Contact
  • Role Of Family Advocate
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Family And Children [1996] ZASCA 96

Tshaka v Mokoena (523/94)

Tshaka v Mokoena (523/94) [1996] ZASCA 96 (19 September 1996)

The court held that a non-custodial father’s access to an illegitimate child turns on the child’s welfare, not on any onus against him, and sent the matter for oral evidence.

  • Access To Minor Child
  • Parental Rights
  • Welfare Of Child
  • Parental Alienation
  • Role Of Family Advocate
  • Family-law
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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.