AD and Another v DW and Others (Department of Social Development Intervening; Centre for Child Law as Amicus Curiae)

Case Number:
CCT48/07
Citations:
[2007] ZACC 27
Citations:
2008 (3) SA 183 (CC)
Citations:
2008 (4) BCLR 359 (CC)
Judge:
Sachs J
Judgment Date:
7 December 2007
Case History:
Applicants first applied to the Johannesburg High Court for an order of sole custody and sole guardianship, reported as AD and Another v DW and Others 2006 (6) SA 51 (W). Applicants were then granted leave to appeal to the SCA, decision reported as AD and Another v DW and Others 2007 (5) SA 184 (SCA).
Synopsis:
Application concerning the sole custody and sole guardianship of a South African child by citizens of the USA. The central issue was whether the High Court had jurisdiction to deal with adoption matters. It was held that it was only in exceptional circumstances that the High Court would have jurisdiction as the Children's Court had the appropriate procedural mechanisms. It was further held that while subsidiarity is a core principle governing inter - country adoptions, a contextualised case - by - case approach had to be adopted. Majority: Sachs J (unanimous).
Judgment:
Full judgment

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