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I.B.F v A.D.K and Another (015928/2023) [2024] ZAGPPHC 296 (22 March 2024)
The High Court confirmed a rule nisi in a child-contact dispute, dismissed a postponement application and an urgent application, and awarded punitive costs.
I.B.F v A.D.K and Another (2023-015928) [2023] ZAGPPHC 1129 (31 August 2023)
The court found that the Hague Convention does not apply as Sint Maarten is not a signatory. The paramount consideration is the best interests of the children, as required by the Children’s Act and the Constitution. The evidence demonstrated severe parental alienation, with the applicant enlisting the children as allies against the respondent and exposing them to litigation details, causing emotional harm. The children are settled and happy in South Africa and strongly opposed to returning to Sint Maarten. Returning them would exacerbate their trauma. Both parties have failed the children, bu…
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