Source: A simple guide to South African Family Law by Nthabiseng Monareng
Taking the child out of South Africa permanently
Both parents’ consent is required for the removal of the child from South Africa. If one of the parents refuses to consent to the removal of the child from South Africa, an application must be made to the High Court for consent.
Factors which the court looks at are the following:
· The reasons for the relocation, which will be investigated in order to make sure that the custodian parent is not relocating to punish the non-custodian parent.
· The advantages and disadvantages of the relocation to the child.
· The wishes of the child, if the child is old enough to talk on his or her behalf.
· Whether separation from the other parent will severely prejudice the child.
If the reasons for the relocation are reasonable and will serve the best interests of the child, the relocation will be allowed.
Relocating with the child within South Africa
· The custodian parent has a right to relocate with the minor child within South Africa, unless a settlement agreement or a court order says otherwise.
Rights of a parent whose child has relocated
· The parent will be given reasonable access.
