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Introduction The role of grandparents in a child’s life is often profound, providing emotional stability, cultural continuity, and extended family support. However, following divorce, separation, death of a parent, or family conflict, grandparents may find their...

Introduction Divorce marks the legal dissolution of a marital relationship, but it does not terminate the parental bond between parents and their children. In South African family law, co-parenting after divorce is not merely a social ideal; it is a legal expectation...

Introduction Parental alienation represents one of the most complex and emotionally charged issues encountered in modern family law. It arises most frequently in the context of high-conflict separations and custody disputes, where one parent-intentionally or...

Introduction Social media has fundamentally altered the dynamics of modern relationships and, by extension, the nature of family law litigation. Platforms such as Facebook, Instagram, WhatsApp, TikTok, and X (formerly Twitter) now serve as digital records of personal...

Introduction The digitalisation of modern life has profoundly reshaped the evidentiary landscape in family law disputes. Communications, financial transactions, personal relationships, parenting conduct, and even emotional states are now routinely recorded, stored,...

Family law matters—ranging from divorce and child custody disputes to maintenance and guardianship issues—often involve emotionally charged conflicts that require sensitive and effective resolution mechanisms. Traditional litigation, while authoritative, can be...

The Children’s Court occupies a pivotal position within South Africa’s legal system, dedicated to safeguarding the rights, welfare, and best interests of children. Established under the Children’s Act 38 of 2005, the Children’s Court is a specialist forum designed to...

Surrogacy arrangements offer an invaluable pathway for individuals and couples unable to conceive naturally to build families. However, the legal landscape surrounding surrogacy in South Africa is complex, evolving, and fraught with potential risks. These risks can...

Surrogacy arrangements offer an invaluable pathway for individuals and couples unable to conceive naturally to build families. However, the legal landscape surrounding surrogacy in South Africa is complex, evolving, and fraught with potential risks. These risks can...

Surrogacy agreements represent a complex and evolving area of family law in South Africa, reflecting advances in reproductive technology and changing societal values regarding family formation. These agreements involve a woman (the surrogate mother) consenting to...

Step-parent adoption is a unique and sensitive form of adoption that enables a person who is married to or in a permanent life partnership with a child’s biological parent to legally become the child’s adoptive parent. This process permanently transfers parental...

Adoption is a profoundly transformative legal process that permanently transfers parental rights and responsibilities from biological parents to adoptive parents. While adoption seeks to secure the best interests and stability of the child, the law simultaneously...

Adoption is a significant legal mechanism designed to provide children who cannot be cared for by their birth parents with a permanent, stable, and nurturing family environment. The South African legal framework, primarily governed by the Children’s Act 38 of 2005,...

Being served with a protection order is a significant legal event that carries serious consequences. It signals that a court has found, at least on a prima facie basis, that there are grounds to believe domestic violence has occurred or is likely to occur. While...

Domestic violence profoundly affects the legal landscape of divorce proceedings in South Africa. Beyond the immediate physical and emotional harm, allegations and findings of domestic violence influence the negotiation and adjudication of divorce-related matters...

Domestic violence remains a critical social and legal issue in South Africa. The law recognises that abuse is not confined to married couples and extends protection to a broad spectrum of domestic relationships. Among these, the rights of unmarried partners—including...

Protection orders are among the most powerful legal mechanisms available in South African law to prevent domestic violence and safeguard vulnerable persons. Given their serious legal consequences, a common and often complex question arises: Can a protection order be...

Domestic violence and child custody disputes are inextricably linked in South African family law. Where allegations of domestic violence arise, courts are required to undertake a careful, child-centred enquiry that balances parental rights with the overriding need to...