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South Africa decisions
Decisions matching the current search
M.A.D. v R.G. (2025/047056) [2025] ZAGPJHC 543 (27 May 2025)
An urgent Rule 43(6) application partly succeeded: the High Court ordered immediate therapy for a minor child and referred the matter to the Family Advocate.
K.O v M.S (2024-021334) [2025] ZAGPPHC 192 (24 February 2025)
The court found that shared residency was not in the best interests of the minor child OR due to the high level of conflict between the parents, their inability to communicate effectively, and the potential emotional disruption to OR and her sibling AL. The social worker's report recommending shared residency was found to lack sufficient factual and scientific support, and did not meet the requirements for expert evidence. The Family Advocate's report, which opposed shared residency and emphasised the importance of stability and quality parenting over equal time, was preferred. The applicant'…
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JK v JK (2020/40619) [2024] ZAGPJHC 1275 (11 December 2024)
The court referred the child-residency dispute to the Family Advocate, set aside an earlier contact restriction, and made costs orders for the earlier and current proceedings.
D.K.F v C.F (Born D.P) (2023-133256) [2024] ZAGPJHC 1154 (8 November 2024)
The court found that the settlement agreement and supporting affidavits failed to address the best interests of both the minor child born of the marriage and the foster child. No evidence was presented as to why shared primary residency and the lack of general maintenance were in the children's best interests, and the views of the Family Advocate and designated social worker were absent. The court held that, as upper guardian, it must ensure that adequate provision is made for all minor children, including foster children, before granting a divorce order. The matter was removed from the roll…
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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.
M.M v M.A (109765/2023) [2024] ZAGPJHC 461 (7 April 2024)
The High Court allowed a mother to relocate two minor children to France in July 2024, with detailed contact, travel, therapy, and information-sharing orders.
W v B (2020/19107) [2022] ZAGPJHC 1061 (22 May 2022)
The court found that both parties have psychological and relational challenges, but both love and are committed to the minor child, AM. Expert reports from Dr Roux and Dr De Vos recommended shared residency and phased-in contact, with ongoing therapeutic intervention and the appointment of a parenting coordinator. The respondent demonstrated commitment to recovery, with negative drug tests and willingness to submit to further testing. The applicant's insistence on supervised contact and restrictive arrangements was found to be excessive and not in the best interests of the child. The court he…
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A.C v J.E.C and Another (32126/2015) [2016] ZAGPPHC 273 (29 April 2016)
The High Court ordered shared residency and equal parental responsibilities for three minor children pending divorce, and appointed a case manager.
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