High Court Upholds Duty of Foster Father to Support Child
Case: R.S v J.S (A25/2024)
Court: Western Cape High Court, Cape Town
Summary: The court ruled that a foster father must continue supporting his foster child despite incomplete adoption proceedings, emphasizing the child’s best interests. 💬
Notable Quote: “The best interest of the child is paramount and must prevail.”
Deceased Estate Must Maintain Minor Children, Rules Court
Case: L.L v A.J.M and Others (014357/2022)
Court: North Gauteng High Court, Pretoria
Summary: The court decided that the estate of a deceased parent must contribute to the maintenance of their minor children, without requiring proof of the surviving parent’s inability to support them.
Notable Quote: “The duty of support falls to both parents according to their means.”
Court Grants Father’s Request to Relocate Child to Cameroon
Case: N.N v S.M.A (093796/2023)
Court: High Court of South Africa, Gauteng Division, Pretoria
Summary: A father was granted permission to relocate his son to Cameroon, with the court considering the child’s best interests and the need for attachment therapy.
Notable Quote: “The best interests of the child are paramount.”
High Court Denies Appeal in Care and Contact Assessment Case
Case: DR v NM and Another (3358/2024)
Court: Western Cape High Court, Cape Town
Summary: The court dismissed an appeal against an order for a care and contact assessment by the family advocate, focusing on the children’s best interests.
Notable Quote: “The court has an inalienable right to establish what is in the best interest of the children.”
Elder Siblings Secure Representation for Minor in Family Trust Dispute
Case: K.T and Others v J.N.T and Another (056992/2024)
Court: North Gauteng High Court, Pretoria
Summary: The court granted an urgent application for the appointment of a curator ad litem to represent a minor in family trust arbitration proceedings.
Notable Quote: “A child’s best interests are of paramount importance.”
Court Invalidates Section of Customary Marriages Act
Case: JRM v. VVC and Others (Case No: 25007/2022)
Court: High Court of South Africa, Gauteng Division, Pretoria
Summary: The court ruled that section 10(2) of the Recognition of Customary Marriages Act is unconstitutional for allowing changes to matrimonial property regimes without judicial oversight.
Notable Quote: “Spouses in monogamous civil marriages have legislative protection that spouses in monogamous customary marriages do not have.”
High Court Orders Forfeiture of Pension Benefits in Divorce Case
Case: M.C.N v G.M.L.N (1629/2022)
Court: North Gauteng High Court, Pretoria
Summary: The court ordered the forfeiture of pension benefits for one party in a divorce case, considering the marriage’s circumstances and duration.
Notable Quote: “Fairness or equity play no part in the determination of forfeiture.”
Court Balances Fairness in Spousal Maintenance Decision
Case: M.T v E.T (8197/2018)
Court: South Gauteng High Court, Johannesburg
Summary: The court considered multiple factors to determine spousal maintenance and other benefits, aiming for a fair resolution.
Notable Quote: “The court must balance fairness and justice.”
Court Dismisses Application for Return of Children to Germany
Case: Ad Hoc Central Authority for the Republic of South Africa v DM (18862/2023)
Court: Western Cape High Court, Cape Town
Summary: The court dismissed an application for the return of children to Germany under the Hague Convention, focusing on habitual residence and Article 13(b) defence.
Notable Quote: “Habitual residence must be established for the Convention to apply.”
SCA Upholds Appeal for Child’s Return to Canada
Case: C.A.R v Central Authority of The Republic of South Africa (737/2023)
Court: Supreme Court of Appeal of South Africa
Summary: The SCA upheld an appeal for the return of a child to Canada under the Hague Convention, considering the risk of harm and protective measures.
Notable Quote: “The child’s best interests are central to legal decisions.”
SCA Sets Aside Anti-Dissipation Order
Case: KSL v AL (Case no 356/2023)
Court: Supreme Court of Appeal of South Africa ⚖️ Summary: The SCA set aside an anti-dissipation order, emphasizing the requirement of intent in such applications.
Notable Quote: “Following precedent is a manifestation of the rule of law.”
Court Refers Customary Marriage Dispute to Oral Evidence
Case: S.B v B.B and Another (6014/2022)
Court: Eastern Cape High Court, Mthatha
Summary: The court referred a matter to oral evidence to determine the validity of a customary marriage during the subsistence of a civil marriage.
Notable Quote: “Something is shrouded in the dark.”
SCA Rules Maintenance Dispute Not Arbitrable
Case: VJ v VJ and Another (258/2023)
Court: Supreme Court of Appeal of South Africa
Summary: The SCA upheld an appeal, ruling that arrear maintenance is not subject to arbitration under the Arbitration Act.
Notable Quote: “Maintenance disputes are considered incidental to matrimonial causes.”
Court Orders Disclosure of Medical Records in Residency Case
Case: W.B v R.B and Another 2024 (4) SA 316 (KZD)
Court: Kwazulu-Natal High Court, Durban
Summary: The court ordered the disclosure of medical records to resolve a primary residency dispute, balancing privacy and children’s best interests.
Notable Quote: “Each application must be determined on its own set of facts.”
Court Postpones Rule 43 Application for Financial Disclosure
Case: A.O v C.O (2020/41165)
Court: South Gauteng High Court, Johannesburg
Summary: The court postponed a Rule 43 application to allow the applicant to reply to the respondent’s affidavit, emphasizing the importance of financial disclosure.
Notable Quote: “One Financial Disclosure Form is sufficient to achieve its purpose.”
Court Orders Maintenance and Costs in Rule 43 Application
Case: L.E.A v A.J.A (990/2024)
Court: High Court of South Africa, North West Division, Mahikeng
Summary: The court granted maintenance and a contribution to costs, considering the needs and standard of living of the applicant and children.
Notable Quote: “The maintenance needs of the applicant and children are influenced by their accustomed standard of living.”
High Court Grants Interim Maintenance and Costs Contribution
Case: S.K v M.N (D3532/24)
Court: Kwazulu-Natal High Court, Durban
Summary: The court granted interim maintenance, furniture allowance, and costs contribution in a Rule 43 application, emphasizing the children’s best interests.
Notable Quote: “The best interests of the children affected are paramount.”
Court Orders Costs Against Respondent’s Attorneys in Rule 43 Case
Case: S.M v S.M.M (17851/2022)
Court: South Gauteng High Court, Johannesburg
Summary: The court granted interim maintenance and costs contribution, also ordering costs de bonis propriis against the respondent’s attorneys for non-appearance.
Notable Quote: “The Respondent did not provide the necessary financial information to determine his exact income.”
These social media adaptations focus on making the information accessible and engaging for a wider audience while maintaining the key legal points and outcomes of each case.
