P.V.Z v L.V.Z (047502-2024 _ 36830-2022 _ 064524-2023) [2024] ZAGPPHC 1046 (10 October 2024)

The Pretoria High Court emphasized the importance of assessing shared residency arrangements for minor children in unopposed divorce cases to ensure they serve the child’s best interests, as required by Section 6 of the Divorce Act. The court highlighted the rising trend of shared residency agreements often being accepted without proper scrutiny, which may overlook the child’s welfare and impose undue constraints on the primary caregiver. In three cases, the court addressed these concerns: in the VZ matter, the divorce and settlement agreement were granted, but the plaintiff’s attorneys were penalized for non-compliance with procedural directives; in the DK matter, the Family Advocate was tasked with urgently investigating the children’s best interests and shared residency; and in the S matter, the case was postponed indefinitely for a psychologist’s forensic evaluation and further input from the Family Advocate.

P.V.Z v L.V.Z (047502-2024 _ 36830-2022 _ 064524-2023) [2024] ZAGPPHC 1046 (10 October 2024)

2025-01-31T09:13:53+00:002025/01/31|Uncategorized|
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