Parental Alienation: Recognising and Addressing Its Impact on Children Parental separation and divorce are challenging experiences for any family, especially children. Amid the emotional upheaval, a deeply damaging — yet often misunderstood — phenomenon may emerge:...
The December Holidays in South Africa The December holidays in South Africa, with their cultural significance and festivities, present a unique set of challenges for separated or divorced parents. Managing a child’s holiday schedule can become especially complex when...
Relocation disputes involving minor children are among the most challenging matters for both parents and courts. When one parent seeks to relocate with a child —whether domestically or internationally— questions arise about how to balance competing rights, maintain...
Introduction In the context of late-in-life divorces, it is uncommon to have children under the age of 18, who are typically governed by the Children’s Act. However, many divorcing couples still have major dependent children—those over 18 years of age—who may be...
Explore the impact of the Hague Convention on the Civil Aspects of International Child Abduction within South African law, highlighting key cases, regulations, and judicial interpretations that shape its application. Understand the role of the Central Authority and the …
Learn about the procedural steps under the Hague Convention for securing the return of wrongfully removed or retained children. This overview covers the roles of Central Authorities, the submission of applications, and the cooperation between contracting states to ensur…
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 wr…
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…
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 …
