Family law

Court assigns rights of contact and care to a gamete donor

AV and Another v DC and Others (GJ) (unreported case no 40522/19, 26-6-2024) (Vally J) On 26 June 2024, Vally J sitting in the High Court in Johannesburg, delivered a […]

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A successful contempt of court application protects the paramountcy of the best interests of the child

BMGS v MBS and Others (GP) (unreported case no 26675/2022, 8-1-2024) (Phahlane J) On 8 January 2024, Phahlane J sitting in the Gauteng Division of the High Court in Pretoria […]

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Bills and bottles: Mediation and the rights of the unborn to maintenance

When a mother conceives an unborn child – she is not in terms of our domestic legislation in the Maintenance Act 99 of 1998 allowed to claim maintenance from the […]

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Legal practitioners do not only owe  a duty to their clients, but they also owe a duty to the courts and the legal system

 BMGS v MBS and Others (GP) (unreported case no 26675/2022, 8-1-2024) (Phahlane J) An urgent court application was brought to the Gauteng Division of the High Court in Pretoria in […]

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Failure to pay maintenance: Revisiting the remedies in the Maintenance Act

The Maintenance Act 99 of 1998 (the Maintenance Act) makes provision for various remedies pertaining to non-compliance with a maintenance order and it also renders a failure to pay maintenance […]

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Seen but not heard: Hearing the voice of the child in divorce proceedings

The concepts of ‘custody’ and ‘access’, which are foundational to the law governing post-separation parenting in South Africa’s (SA’s) Divorce Act 70 of 1979, are unhelpful relics of the last […]

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