South Africa Case Law

AD and Another v DW and Others (CCT48/07)

AD and Another v DW and Others (CCT48/07) [2007] ZACC 27; 2008 (3) SA 183 (CC); 2008 (4) BCLR 359 (CC) (7 December 2007)

Court

Constitutional Court

Case number

CCT48/07

Judges

Sachs, Langa, Moseneke, Madala, Mpati, Ngcobo, Nkabinde, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court held that while the High Court’s jurisdiction to grant sole custody and sole guardianship orders to foreigners is not ousted by law, such orders should not be used to bypass the Children’s Court adoption process except in truly exceptional cases. The Children’s Court is the appropriate forum to determine the best interests of the child in adoption matters, as it provides necessary safeguards and procedures. The principle of subsidiarity, which prioritises placement within the child’s country of origin, must be applied flexibly and subordinated to the paramountcy of th…

Source excerpt

• Inter Country Adoption
• Subsidiarity Principle
• Best Interests Of Child
• Sole Custody And Guardianship
• Child Care Act
• Children S Act