If a parent wants to relocate outside South Africa, section 18 of the Children's Act 38 of 2005 (“the Act”) provides that the consent of the other parent is necessary. Under the Act, the parents of a child may either give or refuse consent required by law regarding the child, including the removal of the child from the Republic of South Africa.
Where both parents of a minor child have full parental rights and responsibilities, the express written permission of the other parent is required for the child to either travel or relocate to another country. There are specific requirements for minors who are travelling internationally as a way of preventing child abduction.
If one of the parents unreasonably withholds permission for the child to immigrate, the High Court may be approached for relief.
Even in the case of uncontested relocations, some countries require a court order to fulfil their immigration requirements.
Working with an experienced family lawyer, well-versed in immigration law and requirements, can ensure that the immigration process is a smooth one. We at Geniv Wulz Attorneys, are able to guide and support you through this sometimes-arduous process.
In such a case an application can be made to the High Court under section 18(5) of the Children’s Act 38 of 2005.
You will need the child's birth certificate, consent from the other parent, and the legal custody documents.
It can take several months, depending on the complexity of the case and the country involved. An application to court can also be brought on an urgent basis, for immediate and expeditious relief, when appropriate.