Thank you for visiting our website on the relocation of minor children. All legal services referred to on this website are provided by the firm, Advcoate Muhammad Abduroaf. If you have a minor child and wish to relocate to another country, and the other parent does not wish to provide consent, then you are on the correct page. The opposite also applies. If you do not want your child to relocate and require legal advice or assistance in that regard, keep on reading.
In South Africa, if a parent is a guardian, he or she is required to give consent for his or her minor child to leave South Africa or relocate to another country. That is in accordance with section 18(3)(c)(iii) of the Children’s Act 38 of 2005, which states:
(3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must
(a) administer and safeguard the child’s property and property interests;
(b) assist or represent the child in administrative, contractual and other legal matters; or
(c) give or refuse any consent required by law in respect of the child, including
(i) consent to the child’s marriage;
(ii) consent to the child’s adoption;
(iii) consent to the child’s departure or removal from the Republic;
(iv) consent to the child’s application for a passport; and
(v) consent to the alienation or encumbrance of any immovable property of the child.
As you can see, the same applies to an application for a passport.
Accorinding to section 18(5) of the Children’s Act:
(5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c).
Therefore, in applying section 18(5) of the Children’s Act, a court can override a parent’s consent rights. In other words, if a parent does not want to give consent for a child to relocate to another country, the court can be approached to make an order that the refusing parent’s consent should be dispensed with.
There are essentially two (2) ways in which we can assist you in a relocation matter. They are legal advice and the second is legal representation in Court.
Oftentimes, minor child relocation matters can be resolved with sensible legal advice. Sometimes, with planning and getting your ducks in a row, you can easily create a strong case that supports relocation. For example, ensuring that you have a job on the other side, and there are schools ready to enrol your child when you arrive.
On the flip side, if you are a parent who wishes to oppose the relocation, obtaining advice as to whether or not you have grandchildren, and if you do, what are your rights? If there are already court proceedings in place, advice on what your chances of success can be invaluable. If you have a case to oppose the relocation, advice can be provided on how to do it.
If you want to relocate with your child and the other parent does not want to give consent, then you need to approach the Court. Legal documents need to be drafted and presented to the other parent and the court. Ultimately, the Court would decide what is in the child’s best interests regarding the relocation.
The same applies to the parent being taken to court. If you believe that the relocation is not in the minor child’s best interest, we can assist you in opposing the court application.
If you have any questions or need more information, the Firm is here to support you. Email us or call for a confidential consultation about how we can help you.
