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Family Law Articles

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.

Navigating the Best Interests of the Child: Insights from the Case of G.D v M.M [2024] ZAGPJHC 65

Examine the South Gauteng High Court’s judgment in G.D v M.M, a pivotal case highlighting the legal system’s dedication to prioritising a child’s welfare in disputes over parental rights and responsibilities. Discover how courts balance parental interests with the child’s best interests.

Navigating the Complex Terrain of Child Custody: A Court’s Urgent Challenge

Explore how courts navigate urgent child custody disputes before comprehensive evaluations are available, highlighting the judiciary’s commitment to prioritizing children’s best interests in family law proceedings

Forfeiture of Patrimonial Benefits and Misconduct – Lessons from M.F.B v J.B

In the Limpopo High Court case M.F.B v J.B (5674/2016) decided on 24 January 2024, the issue of forfeiture of patrimonial benefits was a central point of contention. This case highlights the complexities involved in divorce proceedings, particularly concerning the division of joint assets and pension interests.

Forfeiture of Patrimonial Benefits and Misconduct – Lessons from M.F.B v J.B

Forfeiture of Patrimonial Benefits and Misconduct – Lessons from M.F.B v J.B

In the Limpopo High Court case M.F.B v J.B (5674/2016) decided on 24 January 2024, the issue of forfeiture of patrimonial benefits was a central point of contention. This case highlights the complexities involved in divorce proceedings, particularly concerning the division of joint assets and pension interests.

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“The Impact of Ignoring Court Orders in Children’s Matters” – Exploring the Repercussions of Non-Compliance in Family Law

“The Impact of Ignoring Court Orders in Children’s Matters” – Exploring the Repercussions of Non-Compliance in Family Law

Discover the significant consequences of ignoring court orders in family law through the lens of the North Gauteng High Court ruling in B.M.G.S v M.B.S (26675/2022). This critical judgment underscores the importance of adhering to legal directives in matters concerning children’s well-being, highlighting the judiciary’s firm stance on ensuring compliance with court-ordered contact arrangements. Learn about the pivotal role of the Children’s Act in safeguarding children’s rights and the severe repercussions for non-compliance, including imprisonment for contempt of court.

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Analyzing Parental Rights in International Child Relocation: A Look at T.R v S.M (035901/2023)

Analyzing Parental Rights in International Child Relocation: A Look at T.R v S.M (035901/2023)

Examine the case of T.R v S.M (035901/2023) [2024] from the Gauteng Local Division of the High Court, Johannesburg, examining the complex issue of a custodial parent’s international relocation with a child. This pivotal case highlights the judicial approach in balancing the rights of both parents, focusing on the child’s welfare and best interests as per South African law. Gain insights into the factors influencing court decisions in international relocation cases, the role of financial responsibilities, and the impact on parent-child relationships.

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Does the Right to Dignity Extend to Spousal Maintenance in Divorce Proceedings? Insights from K.A.E v W.N.E (58415/2021)

Does the Right to Dignity Extend to Spousal Maintenance in Divorce Proceedings? Insights from K.A.E v W.N.E (58415/2021)

Explore the South Gauteng High Court case K.A.E v W.N.E (58415/2021) regarding interim spousal maintenance and legal cost contributions in divorce proceedings. Uncover the complexities of balancing legal duties and the right to dignity post-separation, as the court addresses the financial disparities between a biokineticist and her engineer/businessman husband. Key insights into spousal support, constitutional rights, and equality in litigation are revealed in this comprehensive analysis.

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