A recent Free State High Court judgment highlights the serious consequences of deliberately failing to comply with a child maintenance order, with a father ordered to serve 60 days’ imprisonment if he failed to comply with his maintenance obligations within 14 days. The Free State High Court in Bloemfontein has once again highlighted that a maintenance order is not merely a financial obligation that can be ignored. Where a person deliberately fails to comply with a court orde

International relocation after separation or divorce is becoming an increasingly important issue in family law. A parent may receive a job opportunity overseas, remarry, or simply believe that relocating will provide a better future for their child. But what happens when the other parent does not agree? A recent Gauteng High Court matter, A.C.J.F v A.C [2026] ZAGPPHC 466, considered the complex consequences of an international child relocation involving South Africa and the U

Life is constantly changing. A child custody arrangement that worked perfectly two or three years ago may no longer suit a family's circumstances today. Children grow older, parents change jobs, families relocate, and unexpected challenges arise. When these changes occur, many parents wonder whether they can legally change an existing custody order. The simple answer is yes, but only under certain circumstances. Understanding Child Custody Orders A child custody order is a le

The Commission for Conciliation, Mediation and Arbitration (CCMA) continues to play an important role in resolving workplace disputes in South Africa. Recent figures released by the Department of Employment and Labour indicate that CCMA interventions helped save more than 47,000 jobs during the past financial year. For employees, the CCMA can provide a forum for resolving disputes involving issues such as unfair dismissal, unfair labour practices, wages and other employment-r

Many of us can remember a time when family disagreements happened behind closed doors. Today, however, major relationship issues often unfold through text messages, social media posts, and WhatsApp chats. In fact, some of the most important evidence in modern family law cases now comes from smartphones rather than witness statements. As technology becomes increasingly woven into our daily lives, it is also changing the way family disputes arise, and how courts resolve them. T

South Africa may soon move closer to allowing affidavits to be commissioned remotely. The Department of Justice and Constitutional Development has published draft regulations proposing changes to the way oaths and affirmations are administered. The proposed regulations would allow for the electronic commissioning of affidavits, including through live audio-visual communication where the deponent and Commissioner of Oaths are not physically together. The draft regulations are

International child relocation disputes are among the most emotionally challenging matters that come before our courts. A recent judgment of the Gauteng Division of the High Court provides an important reminder that, in litigation involving children, timing can be just as important as the legal merits of a case. In A.C.J.F v A.C (2026), the Full Court dismissed an appeal brought by a father who sought to overturn an order allowing the mother to permanently relocate with their

When parties are involved in divorce proceedings, financial arrangements often need to be made before the divorce is finalised. In South Africa, Rule 43 of the Uniform Rules of Court provides a mechanism for a spouse to seek interim relief, including maintenance, a contribution towards legal costs, and arrangements relating to children. A recent judgment of the Western Cape High Court serves as an important reminder that applicants seeking interim maintenance must make full a

For many single parents in South Africa, obtaining a maintenance order is only half the battle. Enforcing that order can become a lengthy, emotionally draining and financially devastating process. Recent reports have once again highlighted the significant challenges faced by caregivers—particularly mothers—who are forced to navigate an overburdened maintenance court system while trying to provide for their children. Maintenance Is a Legal Right, Not a Favour Every child in So

A recent Gauteng High Court judgment has reinforced an important principle in family law: parties seeking interim maintenance during divorce proceedings must make full and honest disclosure of their financial circumstances. The case involved an application for interim maintenance brought by a spouse who claimed to be experiencing financial hardship following the breakdown of her marriage. However, the court dismissed the application after finding that material financial infor

A recent high-profile custody dispute has once again highlighted the serious impact that parental alienation can have on children and families. The matter, which has involved years of litigation across multiple courts, serves as an important reminder that South African family law prioritises the best interests of the child above all else. The dispute centres on allegations that a father deliberately prevented a child from maintaining a meaningful relationship with his mother

International travel with children following a separation can quickly become a complex legal issue, particularly when one parent decides not to return a child to their country of residence as previously agreed. A recent judgment of the Western Cape High Court serves as an important reminder that parents cannot unilaterally relocate children across international borders without proper consent or legal authority. The Background In a matter involving a five-year-old child, the W

When a loved one passes away, families are often unaware of all the assets and benefits that may be available to them. A recent Supreme Court of Appeal (SCA) judgment has confirmed that pension funds cannot simply ignore dependants and pay benefits into an estate without first conducting a proper investigation. In SA Retirement Annuity Fund v Pension Funds Adjudicator and Another (May 2026), the court delivered an important judgment protecting the rights of widows, children,

For many South Africans, a home is more than just a property – it is a family's greatest financial asset. When homeowners fall into arrears on their mortgage bond, banks may approach the courts for an order declaring the property specially executable, ultimately allowing the property to be sold in execution. However, a major legal battle currently unfolding in South Africa has raised important questions about whether homeowners are losing substantial equity when their propert

A high-profile divorce currently before the Gauteng High Court (Johannesburg) has once again highlighted the significant legal consequences of marriages concluded in community of property — particularly regarding pension interests and the division of joint estates. According to reports, the wife of a former state-owned entity executive has instituted divorce proceedings seeking the division of a multimillion-rand joint estate after alleging that the marriage has irretrievably

A recent judgment handed down by the in HMM v DM has highlighted two important principles in family law disputes involving children: the flexibility of jurisdiction in matters concerning minor children and the central importance of the child’s best interests. The matter concerned a dispute between two parents regarding the primary residence of their minor child, O, after the child’s mother relocated from Johannesburg to the Eastern Cape due to financial hardship and lack of a

A recent South African High Court judgment has once again highlighted the careful approach courts take when one parent wishes to relocate with minor children — particularly where the move could significantly affect the children’s relationship with the other parent. In the matter of T.R.S.T v U.A.R, the court refused an application by a mother seeking to permanently relocate her two minor children from South Africa to Israel. The case centred on one of the most difficult quest

Divorce proceedings are often emotionally and financially challenging, particularly where one spouse requires immediate financial assistance pending the finalisation of the divorce. In South African law, Rule 43 of the Uniform Rules of Court provides a mechanism for parties to obtain interim relief quickly and effectively. A recent High Court judgment, HL v BPAL, once again highlights the importance of full and honest financial disclosure in Rule 43 proceedings and demonstrat

The way in which agreements are concluded has evolved significantly. Increasingly, negotiations that would traditionally take place through formal correspondence or drafted contracts are now conducted on WhatsApp and other messaging platforms. While convenient, this shift carries legal risk — particularly where parties unintentionally create binding obligations. Under South African law, a contract does not need to be formally signed to be enforceable, unless specific legislat

A recent Limpopo High Court decision highlights how family law considerations can significantly limit a property owner’s right to evict. The matter involved a grandmother seeking to evict her former daughter-in-law and grandchildren from a home registered in her name. Despite her ownership, the court refused the eviction, noting that the ex-wife and her children had lived on the property for nearly two decades and had carried out substantial improvements, including building a