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South Africa decisions
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M.A.M v M.S.M (070320-2023) [2023] ZAGPPHC 1961 (27 November 2023)
The High Court dismissed a bid for sole guardianship and exclusive travel consent, but appointed a parent coordinator to help the parents manage ongoing conflict.
S.P v S.P (6700/2018) [2023] ZAWCHC 158 (30 June 2023)
The court found that the reference to the Addendum dated 20 November 2009 in the 2018 order was a patent error, as the intention was to terminate the respondent's guardianship rights, which are addressed in the Addendum dated 18 September 2009. The court held that it was empowered under Rule 42(1) to vary the order to correct the error. Regarding maintenance, the court interpreted the agreements contextually, finding that the reduction to R10,000 referred to maintenance per child per month, not collectively for both children. The respondent's argument that his maintenance obligations were ter…
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L.M.P v C.T.M (590/2014) [2017] ZAECPEHC 14 (14 February 2017)
The court found that the respondent's opposition to sole guardianship was motivated by animosity towards the applicant's remarriage rather than the child's best interests. The evidence demonstrated that L's emotional and economic security was best served by the applicant, who provided a stable and nurturing environment. The respondent's conduct, including refusal to consent to travel and schooling, was found to be obstructive and not in L's best interests. The court accepted the psychologist's recommendation that further therapy was unlikely to restore the relationship and that L should not b…
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D.R v J.E.H and Another (6850/03) [2005] ZAWCHC 54; [2006] 4 All SA 199 (C); 2005 (6) SA 535 (C) (29 July 2005)
High Court child-access case: father's contact suspended pending psychological assessment, with interim letter access preserved and child representation joined.
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