Q: Been divorced for 8 years. Dual custody over our 2 children aged 16 and 11 who reside with mother.
Does the law require that the mother has to approach the court for permission to relocate from Gauteng to the Cape?
A:
The test is what is in the best interest of the children.
As a rule, you have a right to relocate with the minor children, unless a settlement agreement or a court order says otherwise. However, if the father objects, you will have to approach a court, and satisfy it that the move is sound.
Please see http://www.bregmans.co.za/relocation-with-a-minor-child-within-or-outside-south-africa/