Miss A recently approached our offices wanting to relocate with her minor child to the United Kingdom. Miss A and the father of the minor child were never married, but they had concluded a Parenting Plan when the minor child was still an infant as to the father’s responsibilities and rights in terms of the minor child. Miss A had primary care of the minor child since his birth.
Miss A had been offered an exceptional job opportunity in the United Kingdom which she wanted to pursue, however she was not able to accept the job offer without the necessary formal requirements in terms of the Children’s Act No. 38 of 2005 being complied with to allow her to relocate to the United Kingdom with the minor child.
Miss A was fortunate in that the father was in agreement to the minor child relocating with her to the United Kingdom and he was, furthermore, prepared to comply with the necessary legal requirements to enable the minor child to relocate. A comprehensive Parenting Plan confirming the both parties responsibilities and rights in respect of the minor child and once the minor child relocated to the United Kingdom was drafted and prepared by our offices. The Parenting Plan was thereafter registered with the Office of the Family Advocate and the registered Parenting Plan was then made an Order of court by the Children’s Court.
Miss A and the minor child have now relocated to the United Kingdom and are settling well into their new life. Miss A’s case was a highly successful, swift and cost-effective relocation matter.
Are all relocation matters with a minor child/children simple? The situation is far more complex when a parent does not consent to the relocation of their minor child/children. In this instance the parent wanting to relocate with their minor child/children would need to bring an application to the High Court. These cases can take many months to be finalized by the court and they are often costly in nature.
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Author – Kate Bailey-Hill
