Introduction to Child Law in South Africa – Page 233
Victim Support by the South African Police Service to the Parents/Guardians of Missing Children
Smith v. Smith 2001 (3) SA 845
The children, both boys, were 1 _ and 4 months at the date of their retention in South Africa. It was conceded at trial that they were habitually resident in the United Kingdom and that their retention by the mother in March 1999 breached rights of custody held by the father. The father initiated Convention […]
Re W. (A Child) [2004] EWCA Civ 1366
Appeal dismissed; the removal was wrongful and none of the exceptions had been established to the standard required under the Convention, however, the return was subject to extensive and stringent conditions, including the obtaining of a mirror order in the High Court of South Africa.
Secretary for Justice v. Abrahams, ex parte Brown
Return ordered; although the children objected to a return there was evidence of external pressure and the court exercised its discretion to make a return order, finding that the appropriate forum for a substantive custody hearing was South Africa.
Director-General Department of Families, Youth and Community Care and Hobbs, 24 September 1999, Family Court of Australia (Brisbane) [1999] FamCA 2059, (2000) FLC 93-007
Return ordered subject to undertakings; the removal of the child breached the father’s rights of custody and the standard of harm required under Article 13(1)(b) had not been established.
Ad Hoc Central Authority of the Republic for South Africa and Another v Koch N.O and Another (2821/2021) [2021] ZAWCHC 53
Non-Convention Issues The application was not strictly brought under the Hague Convention but was clearly related to it and aimed to enforce the rights protected and granted under the Convention. The Court found they were obliged to consider the short-term interests of the child and held that it would be potentially detrimental to the child […]
G v G [2021] UKSC 9
The parents lived together in South Africa and had a child in 2012. The child had always been habitually resident in South Africa. The parents separated in 2014. The child lived with the mother but had regular contact with the father. The mother identifies as lesbian. She alleged that after separating from the respondent and […]
Cass Civ 1?re, 19 novembre 2014, N? de pourvoi 14-17.493
L’affaire concernait une enfant n?e en mai 2012 ? Johannesburg de parents mari?s. Les parents se s?par?rent au cours des six mois suivant la naissance de l’enfant. La m?re convint avec le p?re, titulaire du droit de garde, d’un voyage de l’enfant avec la m?re en France, du 25 novembre 2012 au 15 f?vrier 2013.La […]
NF v. MC (17845/2012)
The proceedings related to a child born in the United States of America on 10 May 2012 to an American father and South African mother. The parents had married in April 2011 and shared custody rights in respect of the child. On 28 June 2012, the mother took the child to South Africa for an […]
