Cross-Border Divorce and Custody Issues

Introduction Global mobility has fundamentally transformed family structures, giving rise to an increasing number of marriages, divorces, and parenting arrangements that span multiple jurisdictions. Cross-border divorce and custody disputes present some of the most...

International Child Abduction and the Hague Convention

Introduction International child abduction represents one of the most urgent and complex challenges in modern family law. It typically arises when one parent unlawfully removes a child from their country of habitual residence or retains the child abroad without the...

LGBTQ+ Parenting Rights

Introduction South Africa’s constitutional democracy is founded on equality, dignity, and freedom from discrimination. Within this framework, LGBTQ+ parenting rights are firmly protected and integrated into the broader family law system. The law recognises that...

Same-Sex Marriage and Family Law

Introduction South Africa occupies a unique and progressive position in global family law jurisprudence, having been one of the first countries to constitutionally recognise and legally protect same-sex relationships. The legal recognition of same-sex marriage has...

Grandparents’ Rights to Access

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...

Co-Parenting After Divorce: Legal Guidelines

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...