Relocation and repatriation of minor children during the South African National lockdown. Is it possible if there is no consent from the other parent?

Many parents before the lockdown had the intention to relocate to another country. It goes without saying that whatever plans they had to relocate at the start of the lockdown, was placed on hold. Having passed day 100 of the national lockdown, things have since changed.  Domestic travel has been allowed under certain circumstances and many people have been repatriated to their home countries. International travel, other than that for repatriation is allowed under certain circumstances. We advise those parents who wish to leave South Africa to consult the relevant regulations and the laws applicable to the country you wish to travel when deciding to leave South Africa.

The high unemployment rate in South Africa due to the National Lockdown

Then there is the issue of unemployment. The South African economy is not in good shape, and many businesses have closed due to the lockdown and COVID-19.  Many people lost their jobs and various forms of income due to the pandemic. Not being able to work, means not being able to pay for accommodation, food, clothing and school fees, to mention a few. Those people who lost their jobs may wish to seek employment and other economic opportunities abroad. For such parents, relocation may be the best option for them and the child concerned. If repatriation is possible, this option may be better.

Gaudian consent is required for the repatriation or relocation of minor children

But what about those parents who may relocate with their minor children, but does not have the consent of the other parent. What can that parent do under those circumstances? As the law stands, both parents who have parental responsibilities and rights of guardianship must consent for the removal of the minor child from South Africa. A mother naturally has guardianship rights over her child. Father’s, on the other hand, would have full guardianship rights over the child if he was married to the mother or if he materially formed part of the child’s life. If he was just part of the conception of the child, and never married the mother, then he would not have any guardianship rights.

If no consent is obtained, then the Court should be approached

If a parent, wishes to relocate overseas, or repatriate with a minor child, and the other parent does not want to consent thereto, then the Court must be approached for the necessary consent. At the end of the day, the court would decide and look at what is in the child’s best interests. Considering the COVID-19 pandemic, this factor would now also be considered. The court would have to consider the state of the pandemic in South Africa, as well as the country to which the parent wishes to relocate, with a range of the usual factors.

Legal Articles on the relocation of minor children

Have a look at the following articles on the issue of relocation of minor children. Passport Application of a Minor Child and Consent – Department of Home Affairs Consent for a minor child for relocation and passport application Frequently asked questions regarding relocation and consent when it comes to minor children I want to relocate with my minor child. what do I need to know with regard to the law? We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
Posted on by Telelaw

Relocation and repatriation of minor children during the South African National lockdown. Is it possible if there is no consent from the other parent?

Many parents before the lockdown had the intention to relocate to another country. It goes without saying that whatever plans they had to relocate at the start of the lockdown, was placed on hold. Having passed day 100 of the national lockdown, things have since changed.  Domestic travel has been allowed under certain circumstances and many people have been repatriated to their home countries.

International travel, other than that for repatriation is allowed under certain circumstances. We advise those parents who wish to leave South Africa to consult the relevant regulations and the laws applicable to the country you wish to travel when deciding to leave South Africa.

The high unemployment rate in South Africa due to the National Lockdown

Then there is the issue of unemployment. The South African economy is not in good shape, and many businesses have closed due to the lockdown and COVID-19.  Many people lost their jobs and various forms of income due to the pandemic. Not being able to work, means not being able to pay for accommodation, food, clothing and school fees, to mention a few. Those people who lost their jobs may wish to seek employment and other economic opportunities abroad. For such parents, relocation may be the best option for them and the child concerned. If repatriation is possible, this option may be better.

Gaudian consent is required for the repatriation or relocation of minor children

But what about those parents who may relocate with their minor children, but does not have the consent of the other parent. What can that parent do under those circumstances? As the law stands, both parents who have parental responsibilities and rights of guardianship must consent for the removal of the minor child from South Africa.

A mother naturally has guardianship rights over her child. Father’s, on the other hand, would have full guardianship rights over the child if he was married to the mother or if he materially formed part of the child’s life. If he was just part of the conception of the child, and never married the mother, then he would not have any guardianship rights.

If no consent is obtained, then the Court should be approached

If a parent, wishes to relocate overseas, or repatriate with a minor child, and the other parent does not want to consent thereto, then the Court must be approached for the necessary consent. At the end of the day, the court would decide and look at what is in the child’s best interests. Considering the COVID-19 pandemic, this factor would now also be considered. The court would have to consider the state of the pandemic in South Africa, as well as the country to which the parent wishes to relocate, with a range of the usual factors.

Legal Articles on the relocation of minor children

Have a look at the following articles on the issue of relocation of minor children.

Passport Application of a Minor Child and Consent – Department of Home Affairs

Consent for a minor child for relocation and passport application

Frequently asked questions regarding relocation and consent when it comes to minor children

I want to relocate with my minor child. what do I need to know with regard to the law?

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well.

Should you require business advice or services, feel free to click on these links:

Business SA | Private Legal | Envirolaws

Related Post

I have a legal issue with someone and want to sue out of the High Court of South Africa. What can the High Court assist me with?

The High Court in South Africa is a superior court with general jurisdiction, meaning it has the authority to hear a wide range of cases, both civil and criminal. The jurisdiction of the High Court is outlined in the Constitution of the Republic of South Africa, 1996, as well as in various statutes. South Africa is divided into various provinces, and each province has its own High Court. The locations of the High Courts in South Africa are as follows:

Eastern Cape Division of the High Court:

Main Seat: Grahamstown (Makhanda)

Free State Division of the High Court:

Main Seat: Bloemfontein

Gauteng Division of the High Court:

Main Seat: Pretoria

Local Seat: Johannesburg

KwaZulu-Natal Division of the High Court:

Main Seat: Pietermaritzburg

Local Seat: Durban

Limpopo Division of the High Court:

Main Seat: Polokwane

Mpumalanga Division of the High Court:

Main Seat: Mbombela

Northern Cape Division of the High Court:

Main Seat: Kimberley

North West Division of the High Court:

Main Seat: Mafikeng

Western Cape Division of the High Court:

Main Seat: Cape Town

Each High Court division has its own judges and handles cases within its geographical jurisdiction. The main seat of the division is where the principal court infrastructure is located, and local seats may be established to facilitate access to justice in different parts of the province.

Here are some key aspects of the High Court’s jurisdiction:

Civil Matters:

The High Court has jurisdiction over civil cases involving substantial legal issues or claims exceeding a certain monetary threshold. Civil matters include contract disputes, personal injury claims, family law matters, and other private law disputes.

Criminal Matters:

The High Court has jurisdiction to hear serious criminal cases, including offenses that fall under its exclusive jurisdiction. These may include, for example, certain types of murder cases or offenses that are considered particularly grave.

Constitutional Matters:

The High Court has jurisdiction to hear constitutional matters, but certain constitutional issues may be reserved for the Constitutional Court, which is the highest court in constitutional matters.

Administrative Law Matters:

The High Court can hear cases involving administrative law issues, such as challenges to decisions made by government bodies or public officials.

Appeals from Lower Courts and Tribunals:

The High Court serves as an appellate court for decisions of lower courts, magistrates’ courts, and certain specialized tribunals. Parties dissatisfied with decisions of lower courts may appeal to the High Court.

Review of Administrative Action:

The High Court can review and set aside administrative actions that are unlawful, irrational, or procedurally unfair.

Insolvency and Company Matters:

The High Court has jurisdiction over insolvency matters, liquidations, and company law issues.

Family Law Matters:

The High Court has jurisdiction over certain family law matters, including divorce cases and custody disputes.

Delictual Claims:

Delictual claims, which involve harm or loss caused by wrongful conduct, can be heard by the High Court. It’s important to note that jurisdiction can be complex, and specific rules may apply to different types of cases. The High Court has divisions in different provinces of South Africa, and the jurisdiction may vary slightly among these divisions. Additionally, certain matters may be allocated to specific divisions, such as the Commercial Court or the Labour Court. High Courts typically have Registrars who manage the administrative functions of the court. You may contact the Registrar’s office for information on court procedures, case status, and other inquiries.

Need legal representation in the High Court?

If you have a legal problem which falls under the jurisdiction of the High Court, and require legal assistance, feel free to contact us.

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