Relocation of minor children in South Africa. Is it possible if there is no consent from the other parent?

In short, the quick answer is no. If the parent remaining behind has guardianship rights, their consent is required. Read on for more details.

Gaudian consent is required for the relocation of minor children

As the law stands, both parents who have parental responsibilities and rights of guardianship must consent to the removal of the minor child from South Africa.

A mother naturally has guardianship rights over her child. Fathers, 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 were 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.

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?