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South Africa decisions
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J.D.R v L.D.R (13283/2024) [2025] ZALMPPHC 21 (20 February 2025)
The court dismissed a contempt application in a child-relocation dispute and varied an interim care order to keep the child in the respondent’s care and school.
U.R v S.B and Others (2024-001357) [2024] ZAGPJHC 55 (25 January 2024)
The court found that both parents had agreed on Redhill School as the preferred choice for their child and had jointly taken steps to secure his enrolment. The applicant’s withdrawal of consent was not supported by the expert reports, which indicated the child could adjust to either school. The court rejected the applicant’s argument that the change would cause undue anxiety, finding no evidence in the reports to support this claim. The first respondent’s actions were not unilateral or unlawful under section 31 of the Children’s Act, as both parents had participated in the decision-making pro…
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C.B v K.E.B (4625/2021) [2023] ZAGPPHC 2053 (29 December 2023)
The court found that the urgency regarding the appointment of a forensic expert was self-created, as the applicant had long been aware of the child's distress but failed to act promptly. The Rule 43 application already addressed issues of access, custody, and expert appointment, providing an alternative remedy. However, the dispute over school enrolment was urgent because the child risked losing her place for the upcoming academic year if the deadlock persisted. The court exercised its discretion as upper guardian, prioritizing the child's best interests over parental convenience. It determin…
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MM v NM and Others (15133/23P) [2023] ZAKZPHC 117 (18 October 2023)
The court found that the applicant failed to establish urgency as required by Uniform Rule 6(12). The delay of approximately twelve weeks between the child’s removal from St. Charles College and the filing of the urgent application was unexplained and rendered the urgency self-created. The child had already completed a full term at the new school, and the fourth term had commenced. The children’s court was already seized with the matter, and the Office of the Family Advocate was conducting an investigation. The High Court held that the children’s court was the appropriate forum for ventilatin…
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M S v L S and Another (31480/2019) [2020] ZAGPJHC 37 (5 February 2020)
The application was dismissed because the applicant failed to demonstrate urgency and did not establish a factual or legal basis for the relief sought. The applicant’s conduct in failing to pay school fees and attempting to separate the siblings was found to be contrary to the best interests of the children. The court held that the children’s best interests require stability and contact with each other, and that the applicant’s unilateral actions were unreasonable. The relief against the second respondent was denied due to lack of evidence of actual conflict or misuse of confidential informat…
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Noqekwa v Noqekwa (2456/2012) [2013] ZAECPEHC 1 (10 January 2013)
Urgent application over children’s schooling and residence after divorce dismissed because the proposed relief was not shown to be in the children’s best interests.
Louw v Louw (75723/2010) [2010] ZAGPPHC 244 (22 December 2010)
Interlocutory application to change a minor child's school pending a main residence dispute dismissed; the court held the existing schooling arrangement should remain in place.
F.J v E.J (A101/2008) [2008] ZAWCHC 27; 2008 (6) SA 30 (C) (20 May 2008)
The High Court dismissed an appeal over a child’s school placement, holding that the child’s best interests supported remaining at Jan van Riebeeck Primary School.
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