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South Africa decisions
Decisions matching the current search
D[....] v D[....] (22683/2012) [2021] ZAGPPHC 320 (15 March 2021)
Divorce judgment awarding the defendant primary residence of the children, with structured contact for the plaintiff and interim maintenance pending outstanding issues.
M.B v N.B (CA&R60/2017) [2018] ZAECGHC 74 (28 August 2018)
The magistrate misdirected herself by relying on an unsupported finding regarding the appellant's helper and failing to consider the relevant factors set out in section 7 of the Children's Act to determine the best interests of the children. Despite this error, a holistic assessment of the evidence demonstrates that the children have resided with the respondent in a stable and caring environment for over three years, and another change in their primary residence would likely be detrimental. Both parents are capable and competent, but the continuity and stability provided by the respondent, su…
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S.H v S.A.R (3450/2017) [2018] ZAECPEHC 19 (8 May 2018)
The court found that the respondent's circumstances had deteriorated, with loss of employment, unstable housing, and the end of her relationship, resulting in diminished ability to provide stability and security for the minor child. Expert reports from the Family Advocate, Advocate Rossi, and Mr Kew supported the applicant's greater capacity to provide for the child's developmental needs. While acknowledging the emotional bond between the child and respondent, the court held that the applicant is currently better positioned to ensure the child's welfare, education, and psychological developme…
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