Explore the Eastern Cape High Court’s decision in D.J.H. v A.H, which examines the critical factors in child relocation cases within the context of parental responsibilities and the child’s best interests. Gain insights into how South African courts navigate these delicate matters.
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.
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.
The suggestion that mediators should understand court procedures may appear contradictory at first glance. After all, the very purpose of mediation is to resolve disputes without resorting to the courtroom. Nonetheless, a strong understanding of legal processes can...
When a parent's ability to provide a safe and nurturing environment for a child is called into question, the law allows for the termination of parental responsibilities and rights. In South Africa, this process is regulated by Section 28 of the Children's Act. In this...
Have you recently come across a will that you believe is invalid? If so, you may be wondering what your options are and what steps you need to take to challenge its validity. In this blog, we will discuss the process of setting aside wills and provide you with five...
Divorce can be a difficult process, especially when children are involved. One of the most important things to consider when going through a divorce is creating a parenting plan. In South Africa, a parenting plan is required by law for any couple with children who are...
As a couple living together in a cohabitation relationship, it is essential to understand the concept of universal partnership in South African law. This legal construct has significant implications for the division of assets when a relationship ends. In this blog...
You want to make the best decisions for your child's well-being as a parent. When parents are divorced or separated, it can be difficult to determine who has the final say in major decisions regarding the children. The South African Children's Act of 2005 outlines the...
Who can get divorced in the South African Courts? South Africans have become increasingly mobile, choosing to live overseas temporarily or indefinitely. As we live in an increasingly globalised world, many South Africans living abroad or returning from abroad are...
The legal position, and available remedies in the case of unreasonable withholding of consent Sally and Peter have a lovely little boy, named John. Sally’s employer has given her the opportunity to work in Germany for 5 years and has indicated that they will pay for...
The legal field isn’t always as cut-throat as it seems. Use these easy steps will assist you in finding legal representation that suits your need, budget, temperament and location. Refuse to settle on a service you are paying for, choose the right lawyer.
