Jackson v Jackson 2002 (2) SA 303 (SCA)

Main Issue: Custody/best interest/ whether applicant can migrate to another country with children

Findings: Although applicant (father) wanted to migrate to Australia with the children, it was held that the best interest of the children outweighed and as they might be (especially the young one) be exposed to pain and trauma without keeping close with the respondent (mother) meant that the application should not be granted and children should remain with father only as long as he stayed in South Africa.

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