South Africa Case Law

R.R v E.R (25548/2019)

R.R v E.R (25548/2019) [2024] ZAGPJHC 816 (8 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

25548/2019

Judge

Segal

The court found that although the residence of the children is now shared, the Respondent continues to bear the majority of direct expenses for the children, including school fees, medical aid, and additional costs. The Applicant's proposal to pay service providers directly was rejected due to his history of non-compliance and combative behaviour, which could jeopardize the children's interests. The quantum of R20,000 per month was found to be reasonable and reflective of 50% of the children's direct expenses, with provision for annual increases in line with the Consumer Price Index. The Resp…

Source excerpt

• Rule 43 Variation
• Child Maintenance
• Parenting Plan
• Shared Residence
• Costs Award

S v S (2020/31273)

S v S (2020/31273) [2022] ZAGPJHC 847 (31 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/31273

Judge

Moorcroft

The court found that there had been a material change in circumstances, including the applicant's reduced income and the parties' agreement to shared residence for the minor child. The respondent's claim for R90,000 monthly maintenance was unsupported by evidence, and her lack of effort to seek employment was noted. The applicant's financial disclosure was incomplete, but the available evidence justified a reduction in maintenance to R29,000 per month for the respondent and child. The costs of the parenting co-ordinator were apportioned 75% to the applicant and 25% to the respondent, with the…

Source excerpt

• Rule 43 Variation
• Maintenance Pendente Lite
• Shared Residence
• Parenting Coordinator
• Costs Award

L v L (2022/26992)

L v L (2022/26992) [2022] ZAGPJHC 846 (31 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/26992

Judge

Moorcroft

Rule 43 application concerning the shared residence of minor children, a Voice of the Children assessment, and costs. The court ordered weekly alternating residence and each party to pay own costs.

• Shared Residence
• Voice Of The Children Assessment
• Rule 43 Procedure
• Costs Order
• Rule-43
• Shared-residence

K v K (22/8285)

K v K (22/8285) [2022] ZAGPJHC 147 (14 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

22/8285

Judge

Moorcroft

Interim family-law order granted in a divorce-related dispute: the respondent had to disclose the children’s address and the children were placed in shared residence pending further reports.

• Shared Residence
• Parental Responsibilities And Rights
• Best Interests Of Child
• Disclosure Of Address
• Shared-residence
• Best-interests-of-the-child

L.B v C.B and Another (2650/2020)

L.B v C.B and Another (2650/2020) [2021] ZAFSHC 222 (28 October 2021)

Court

Free State High Court, Bloemfontein

Case number

2650/2020

Judge

I van Rhyn

Interim parenting order pending divorce granted shared weekly residence and full parental rights to both parents, guided by the child’s best interests.

• Child Custody
• Parental Rights And Responsibilities
• Best Interests Of Child
• Shared Residence
• Children S Act
• Rule 43 Procedure

C[....] v C[....] (A3008/2020)

C[....] v C[....] (A3008/2020) [2021] ZAGPJHC 582 (22 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A3008/2020

Judges

Randera, Meyer

Appeal upheld in a child residence dispute; the High Court replaced the regional court order with a shared parenting plan based on the child’s best interests.

• Parental Responsibilities And Rights
• Shared Residence
• Parenting Plan
• Best Interests Of Child
• Family-law
• Child-custody

H S v J S (1025/2016)

H S v J S (1025/2016) [2019] ZAFSHC 2 (7 March 2019)

Court

Free State High Court, Bloemfontein

Case number

1025/2016

Judge

Daffue

A mother sought to vary a divorce settlement to make her the primary caregiver of two children. The High Court dismissed the application and left the shared arrangement in place.

• Variation Of Settlement Agreement
• Primary Care Of Children
• Best Interests Of Child
• Shared Residence
• Parental Conflict
• Family-law

Gumbi v Goba (4195/07, 3138/10)

Gumbi v Goba (4195/07, 3138/10) [2010] ZAKZPHC 101 (11 November 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4195/07, 3138/10

Judge

Steyn

The court found that the best interests of the minor children require both parents to be actively involved in their upbringing. Awarding full parental responsibilities and rights to both parties and implementing a shared residence arrangement ensures that the children maintain meaningful relationships with both parents. Joint decision-making regarding major aspects of the children's lives, such as education and health, is necessary to promote their welfare and development. The court determined that the shared residence principle should commence on 15 November 2010, with alternating weekly res…

Source excerpt

• Parental Responsibilities And Rights
• Shared Residence
• Children S Act
• Variation Of Divorce Order