Blog Archives

Protecting the Best Interests of Children: Insights from DR v NM and Another.

2/19/2025

At Maurice Phillips Wisenberg (MP|W), our Family and Divorce Law department thrives on navigating complex cases to secure the best outcomes for our clients and their families. A recent example of this commitment is DR v NM and Another (3358/2024) [2024] ZAWCHC 69, a Western Cape High Court matter decided on 5 March 2024, where Bertus Preller represented the applicant, DR, in a high-stakes dispute over the care and contact of two minor children. This case underscores our dedication to child welfare and legal excellence, qualities that have earned Bertus recognition as one of Business Day’s "Lawyers of the Year 2023" by Best Lawyers.

The Case: DR v NM and Another

In DR v NM and Another, Bertus Preller acted for DR, the father of two minor children—WML (a girl born 9 October 2018) and LM (a boy born 12 April 2022)—seeking urgent intervention under section 23(1)(b) of the Children’s Act 38 of 2005. Launched on 19 February 2024, DR’s application initially demanded primary care of the children, alleging that the first respondent, NM, was failing in his parental duties due to mental health struggles and substance use, including sleeping pill dependency that left him unresponsive to the children’s needs. NM had been admitted to a psychiatric ward in December 2022 and a rehabilitation facility in February 2024, prompting DR to take over the children’s care.

The application was split into Part A (interim relief) and Part B (final determination). Initially, DR sought immediate primary care, with NM limited to supervised contact. However, by the hearing on 23 February 2024, Bertus, as DR’s attorney alongside Mr. Pincus SC, adjusted the request— withdrawing the bid for primary care and instead seeking defined contact rights for DR, with the matter postponed sine die pending further assessment. DR requested alternate weekend access to LM and conditional contact with WML, subject to agreement with NM.

The court, presided over by a single judge, delivered its judgment on 5 March 2024. Despite DR’s shift in relief, the court ordered an urgent care and contact assessment by the Family Advocate and two experts, tasked with evaluating the children’s best interests amid allegations of NM’s compromised parenting. The judgment prioritised the children’s welfare over the parents’ immediate preferences, directing a thorough investigation into their living arrangements and parental capabilities.

A Subsequent Appeal Attempt

The case did not end there. On 7 June 2024, in DR v NM and Another [2024] ZAWCHC 165, NM sought leave to appeal the 5 March order, arguing the Family Advocate assessment was unwarranted since DR had withdrawn his care application. DR, opposed this, emphasising the court’s role as the upper guardian of minors. The court dismissed NM’s appeal, finding no prospects of success—reinforcing that the children’s best interests trumped procedural objections, a stance Bertus staunchly advocated.

This case exemplifies Bertus Preller’s strategic finesse and unwavering focus on child-centric outcomes. His ability to pivot from seeking primary care to securing a court-ordered assessment ensured the children’s needs remained front and center, even amid shifting parental dynamics. With over three decades of experience, Bertus has honed this approach across countless high-profile family law matters, from the Atlantic Seaboard’s elite divorces to the Winelands’ family disputes. His affiliations with Reunite International Child Abduction Centre and authorship of Everyone’s Guide to Divorce and Separation further inform his practice, blending legal mastery with a deep understanding of family complexities.

At MPW, Bertus’s leadership—bolstered by our MSI Global Alliance membership—equips us to handle cases like DR v NM with global insight and local precision. His peer-acclaimed excellence, as recognised by Best Lawyers 2023, shines through in such victories, ensuring families receive top-tier representation.

Our Commitment to You

DR v NM and Another reflects MPW’s broader mission: delivering clarity and protection in family law, whether in Cape Town, Paarl, or Melkbosstrand. Our team’s work extends beyond the courtroom, with pro bono efforts supporting domestic violence victims and child welfare—values Bertus champions daily.

Facing a care or contact dispute? Contact MPW today to tap into Bertus Preller’s award-winning expertise and our firm’s dedication to your family’s future. From the Atlantic Seaboard to the Winelands, we’re here to help.

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Expanding Excellence: MP|W’s Growing Presence in Family Law Across the Western Cape.

2/19/2025

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At Maurice Phillips Wisenberg (MP|W), our mission has always been to provide exceptional family and divorce law services with a personal touch, meeting the unique needs of families navigating life’s toughest transitions. Today, we’re proud to reflect on our expanding presence across the Western Cape, bringing our award-winning expertise closer to communities from the sun-drenched Atlantic Seaboard to the rolling vineyards of the Cape Winelands.

A Coastal Beacon on the Atlantic Seaboard

Our Cape Town headquarters serves as the heartbeat of our operations, anchoring our Family Law department’s reach along the Atlantic Seaboard. From the luxurious shores of Camps Bay and Clifton to the vibrant streets of Sea Point and the serene slopes of Hout Bay, we’ve established ourselves as a trusted name for high-end divorce and family law matters. Renowned for handling complex, high-profile cases, our team—led by consultant Bertus Preller—delivers tailored solutions that reflect the sophistication and standards of this iconic coastal region. Whether it’s securing equitable asset division in a multimillion-rand divorce or crafting Parenting Plans that prioritise a child’s well-being, we’re here for the Seaboard’s families, blending legal precision with genuine care.

Rooted in the Winelands: Our Paarl Presence

Further inland, our consultation room in Paarl marks a strategic expansion into the Cape Winelands, serving clients from Stellenbosch to Somerset West, Wellington to Robertson. This move brings our comprehensive family law services—divorce proceedings, mediation, domestic violence protection, and more—directly to the heart of this picturesque region. The Winelands’ tight-knit communities deserve accessible, expert legal support, and our Paarl base ensures they receive it. With a team versed in everything from antenuptial contracts to international child abduction cases, we’re proud to be a resource for families amid the vineyards and mountains.

Leadership That Sets Us Apart

At the helm of our Family and Divorce Law department is Bertus Preller, whose recent recognition in Business Day’s "Lawyers of the Year 2023" by Best Lawyers underscores our firm’s standing. This peer-reviewed accolade, a hallmark of excellence in the global legal community, celebrates Bertus’s unparalleled skill and dedication—qualities that shine through in every case we take on. His affiliations with organizations like Reunite International Child Abduction Centre and Saferspaces, paired with our membership in the MSI Global Alliance (spanning over 250 firms in 100 countries), keep us at the forefront of legal innovation, ensuring our clients benefit from both local insight and global expertise.

A Commitment Beyond the Courtroom

Our presence is not just about legal services—it is about impact. Across the Atlantic Seaboard and Cape Winelands, we engage with our communities through meaningful pro bono work, focusing on domestic violence prevention and child protection. This commitment is not a sideline; it is woven into MP|W’s ethos. Whether we are supporting a victim in Clifton or advocating for a child’s rights in Paarl, we strive to make a difference that resonates beyond the cases we win.

Serving You, Wherever You Are

From the bustling Cape Town City Centre to the tranquil Val de Vie estate, our growing footprint reflects our dedication to accessibility and excellence. We’ve handled some of South Africa’s most complex high-end divorces, earning trust among artists, celebrities, and high-net-worth individuals—yet our doors remain open to every family seeking clarity and closure. With consulting rooms in Paarl and Melkbosstrand complementing our Cape Town base, and a secure online platform for remote consultations, we’re equipped to serve the Atlantic Seaboard, Winelands, West Coast, and beyond.

Have a family law matter on the Atlantic Seaboard or in the Winelands?

Contact us today to connect with our award-winning team. Let’s navigate your journey together with the expertise and empathy that define MP|W.

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