South Africa Case Law

S.V.D.B v H.E.V.D.B (2024/067811)

S.V.D.B v H.E.V.D.B (2024/067811) [2025] ZAGPJHC 313 (20 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/067811

Judge

Mahomed

The court found that the respondent's relocation was bona fide, financially necessary, and not contrary to the children's best interests. The applicant failed to substantiate claims that the move would harm the children and refused to participate in mediation or a voice of the child investigation. The respondent provided sufficient evidence of her employment, new home, and arrangements for the children's schooling and support system in Cape Town. The court held that the applicant's opposition was not based on concrete evidence and that the respondent's proposals for maintaining contact were r…

Source excerpt

• Relocation Of Children
• Primary Residence
• Voice Of Child
• Contribution To Legal Costs
• Parental Responsibilities
• Best Interests Of Child

F v F (2024/114386)

F v F (2024/114386) [2025] ZAGPJHC 174 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/114386

Judge

WJ du Plessis

The respondent has been absent from the lives of the minor children for nearly eight years, failed to provide financial and emotional support, and refused to cooperate in matters concerning their welfare. The Voice of the Child report confirms that the children have no emotional attachment to the respondent and do not wish to have contact with him. The respondent's failure to fulfil his maintenance obligations and refusal to support the children's development further demonstrate abandonment of parental responsibilities. The evidence overwhelmingly supports that termination of the respondent's…

Source excerpt

• Termination Of Parental Rights
• Best Interests Of Child
• Guardianship
• Voice Of Child
• Maintenance Obligations

C.R v S.R (11646/2022)

C.R v S.R (11646/2022) [2023] ZAWCHC 224 (28 August 2023)

Court

Western Cape High Court, Cape Town

Case number

11646/2022

Judge

J Cloete

The High Court dismissed a father’s bid to relocate his twin children to the UK, finding the move would risk their wellbeing and limit meaningful contact with their mother.

• Relocation Of Children
• Best Interests Of Child
• Voice Of Child
• Primary Caregiver
• Psychological Wellbeing
• Parental Responsibilities And Rights

D v D (14582/2022)

D v D (14582/2022) [2022] ZAGPJHC 1009 (19 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

14582/2022

Judge

MIA

High Court case granting a father leave to relocate his 13-year-old daughter to Croatia, after finding the move was in her best interests.

• Relocation Of Minor
• Best Interests Of Child
• Parental Responsibilities
• Voice Of Child
• International Parenting Plan
• Child-relocation