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South Africa Case Law

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Family And Children [2025] ZAGPJHC 105

K.K.A v K.N.T (15202/2020)

K.K.A v K.N.T (15202/2020) [2025] ZAGPJHC 105 (16 January 2025)

The court varied a Rule 43 contact order, finding a material change after the NPA declined to prosecute and ordering phased-in unsupervised contact.

  • Variation Of Contact Order
  • Best Interests Of Child
  • Supervised Vs Unsupervised Contact
  • Appointment Of Expert
  • Rule 43 Procedure
  • Family-law
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Family And Children [2014] ZAGPJHC 175

JE v NM (38571/2013)

JE v NM (38571/2013) [2014] ZAGPJHC 175 (20 June 2014)

The court held that although the High Court has inherent jurisdiction as upper guardian of minors, the best interests of the child dictate that disputes over parental rights and responsibilities should be decided by the children’s court, which made the initial order and is seized with pending proceedings regarding contact and residency. The applicant failed to establish that the children’s court refused to refer the matter to the Family Advocate or that the best interests of the child required High Court intervention. The applicant’s case for varying contact arrangements was vague and unsubst…

  • Parental Rights And Responsibilities
  • Variation Of Contact Order
  • Forum Shopping
  • Children S Act
  • Domestic Violence Interdict
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Family And Children [2009] ZAKZPHC 55

L v L (7168/09)

L v L (7168/09) [2009] ZAKZPHC 55 (21 September 2009)

The court varied a contact order to allow alternate-weekend and weekday contact, permitting overnight stays in Durban but not travel to Underberg.

  • Variation Of Contact Order
  • Child Custody
  • Overnight Access
  • Best Interests Of Child
  • Variation-of-contact-order
  • Child-custody
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.