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South Africa decisions
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Fellgiebel v Bradley, In re: Ex Parte Bradley (2017/7949) [2017] ZAGPJHC 395 (12 December 2017)
The High Court varied a child maintenance settlement to move the child onto the applicant’s medical aid, finding sufficient reason and awarding punitive costs.
Cunningham v Pretorius (31187/08) [2008] ZAGPHC 258 (21 August 2008)
The court found that the applicant's decision to relocate was bona fide and reasonable, and that she remained the child's primary caregiver with a close and healthy bond. While the child would lose significant attachments in South Africa, the applicant's capacity to provide emotional and intellectual support in Texas, the secure environment, and the opportunities available outweighed the disadvantages. The child's language difficulties, though real, could be managed in the new environment, and separating him from his mother would be more harmful. The respondent's concerns about access and the…
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