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dc.date.accessioned 2017-04-08T17:08:50Z
dc.date.available 2017-04-08T17:08:50Z
dc.date.created 2007-07-31 en
dc.identifier.citation [2007] ZACC 27
dc.identifier.citation 2008 (3) SA 183 (CC)
dc.identifier.citation 2008 (4) BCLR 359 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3383
dc.title AD and Another v DW and Others (Department of Social Development Intervening; Centre for Child Law as Amicus Curiae) en
dc.title.alternative CCT48/07 en
dc.identifier.casenumber CCT48/07 en
dc.contributor.judge Sachs J
dc.date.judgment 7 December 2007
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3383/Full%20judgment%20Official%20version%20%28278%20Kb%29-11398.pdf?sequence=25&isAllowed=y
dc.concourt.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).
dc.concourt.casehistory 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).


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