Introduction: In the realm of South African family law, the intricacies of child relocation amidst divorce proceedings require delicate consideration of the best interests of
By Sasha Kadish. In a recent case ENM v LTM [2023] ZANWHC 34 at [35]-[74], a divorcing couple who were married in community of property
By Sasha Kadish Answer: Yes, according to the judgment of R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219 (14 March 2023). In this case, the Court
Change of surname on marriage A usual consequence of marriage is that the wife adopts the husband’s surname, together with the designation “Mrs”. She could
By Sasha Kadish Section 295 of the Children’s Act[1] sets out guidelines for a court to consider when confirming a surrogacy agreement. The guidelines[2] all
Section 40 of the Children’s Act, 38 of 2005 (the Act) does not afford parental and other rights to both unmarried parties in permanent life-long
In the case of Centre for Child Law v Director-General: Department of Home Affairs and Others the Constitutional Court declared section 10 of the Births
Phillipa Susan van Zyl NO v Getz (548/19) [2020] ZASCA 84 The mother of a child asked the Supreme Court of Appeal (SCA) for a
Source: Shando Theron, Head of the Matrimonial Law Department at Theron & Theron Attorneys in Johannesburg, www.divlaw.co.za. WHAT IS PARENTAL ALIENATION? It is a recurring
Source: Shando Theron, Head of the Matrimonial Litigation Department at Theron and Theron Attorneys in Johannesburg. shando@divlaw.co.za or www.divlaw.co.za ) WHAT IS A RELOCATION DISPUTE?
A client asked: I would like some advice please. My partner and I were living together for 5 to 6 years then broke up in
Thinking of getting divorced? How divorce works Once a married couple (whether married according to civil or customary law) has decided to get divorced, the
