Children Articles

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.

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.

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.

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.