Explore the purpose of the Hague Convention as defined in Article 1 and elucidated by the Constitutional Court in the case of Ad Hoc Central Authority for the Republic of SA and Another v Koch N.O. and Another. Understand its objectives to ensure the prompt return of wrongfully removed or retained children and respect for custody rights across Contracting States. Learn about the discretionary factors under Article 13 and key principles essential for family law professionals.
Family Law Articles
The Family Law Round-Up June 2024 – Recent Family Law Cases You Should Know About
Explore pivotal rulings from South African courts, including cases on foster child support, deceased estate obligations, child relocation, care and contact assessments, and representation in family trust disputes. Understand how the courts prioritize the best interests of children in diverse legal contexts.
Can a Gamete Donor be Considered a Parent?
Explore the complexities of parental rights and responsibilities in cases involving gamete donors under the Children’s Act 38 of 2005. This blog discusses a recent case where a lesbian couple and a sperm donor disputed the extent of his parental role, highlighting legal definitions and the best interests of the child.
What is the Purpose of the Hague Convention?
Explore the purpose of the Hague Convention as defined in Article 1 and elucidated by the Constitutional Court in the case of Ad Hoc Central Authority for the Republic of SA and Another v Koch N.O. and Another. Understand its objectives to ensure the prompt return of wrongfully removed or retained children and respect for custody rights across Contracting States. Learn about the discretionary factors under Article 13 and key principles essential for family law professionals.
The Family Law Round-Up June 2024 – Recent Family Law Cases You Should Know About
Explore pivotal rulings from South African courts, including cases on foster child support, deceased estate obligations, child relocation, care and contact assessments, and representation in family trust disputes. Understand how the courts prioritize the best interests of children in diverse legal contexts.
Can a Gamete Donor be Considered a Parent?
Explore the complexities of parental rights and responsibilities in cases involving gamete donors under the Children’s Act 38 of 2005. This blog discusses a recent case where a lesbian couple and a sperm donor disputed the extent of his parental role, highlighting legal definitions and the best interests of the child.
Does the Hague Convention Apply in Cases of Disputed Habitual Residence?
Explore the case of Central Authority for RSA v DM [2024] ZAWCHC 170, where the court examined the concept of habitual residence in an international child abduction dispute under the Hague Convention. Learn about the critical factors considered, including mutual intent to relocate, jurisdictional facts, and the children’s preferences.
International Child Custody Laws: What are your rights?
Explore the legal intricacies of the Central Authority v NM [2024] case, which addresses international child abduction under the Hague Convention, focusing on habitual residence, wrongful retention, and defenses against child return.
The Family Law Round-Up April 2024 – 18 Recent Family Law Cases You Should Know About
Explore our comprehensive overview of key April 2024 family law cases in South Africa. Learn about recent legal developments in divorce, customary marriages, and more, impacting family law practices.
Rule 43 Applications: The State of Play in 2024
Explore the critical role of Rule 43 in South African family law, providing interim relief in matrimonial disputes. Discover how courts balance support needs with fairness and protect children’s welfare during divorce proceedings.
Navigating Parental Leave: The Van Wyk Judgment and Its Implications for Equality and Dignity
Explore the Johannesburg High Court’s transformative ruling in Van Wyk And Others v Minister Of Employment And Labour, revolutionizing parental leave entitlements in South Africa to promote equality and recognize diverse parental roles.
A Cautionary Tale Against Unilateral Parenting Decisions – DM v CHP (B6773/23) [2024] ZAGPPHC 76
Discover how the Pretoria High Court’s decision in DM v CHP emphasizes the critical importance of considering children’s best interests in parental disputes, showcasing the legal obligations under the Children’s Act 38 of 2005.