Relocation with my minor child from Cape Town, South Africa (Consent and Refusal) – Advocate Muhammad Abduroaf

Best advice on relocation of minor children: The world is becoming a much smaller place, and technology plays a huge role. People are moving across the globe for employment, love and happiness, which was not the norm a few decades ago. There is no reason you should remain where you are if you can find a better life for yourself and your family in South Africa. Moving to South Africa may give you a better quality of life or the possibility of experiencing things you’ve always wanted.

Relocation of your minor child from Cape Town, South Africa

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor child or relocate to another country, things may not be that simple. Firstly, if there is another parent, and they have parental responsibilities and rights, then their consent is required. For example, if you live in London and want to relocate to Cape Town, South Africa, you would require the other parent’s consent to leave the United Kingdom with your minor child. This can cause challenges, especially if the staying parent does not agree to the relocation.

What are the steps to follow when I want to relocate to Cape Town, South Africa, with my minor child?

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will cooperate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need a Passport.

What can I do if the other parent does not want to consent to the minor child’s relocation to Cape Town, South Africa?

If the parent remaining in South Africa does not want to consent to the minor child’s relocation to South Africa, then you would need to approach the Court. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate, the Court would make it possible despite the issue of consent.

What is the first step I should take if the other parent does not want to consent to the minor child’s relocation to Cape Town, South Africa?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Cape Town, South Africa, in that case, we suggest you approach a solicitor (attorney) or barrister ( advocate) to assist you with the legal process. He or she would then contact the other parent, explaining the reasons for the relocation and requesting the necessary consent. If the parent remaining in London still does not agree to the passport application and/or to the relocation to Cape Town, South Africa, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible.