Resolving Child Relocation Disputes

 

What is a Child Relocation Dispute? 

Child relocation disputes occur when one parent, with full parental rights and responsibilities, intends to move a significant distance away, either within South Africa or internationally, and the other parent, also with full parental rights and responsibilities, does not consent. These disputes often arise due to: 

• Career opportunities or financial improvement. 

• Remarriage or a partner’s relocation. 

• Pursuit of better educational or living conditions for the child. 

Child relocation disputes involve contact and care plan adjustments, child maintenance, and the overarching principle of the child’s best interests. These factors are central to the legal process and often require court intervention when parents cannot reach an agreement.  The legal framework regulating child relocation in South Africa is primarily founded on the Constitution of the Republic of South Africa, 1996, and the Children’s Act 38 of 2005. These pivotal laws underscore the need to safeguard children’s rights and place their best interests at the forefront. Section 28(2) of the Constitution establishes that a child’s best interests are of utmost importance in all matters affecting them, a principle further detailed in Section 7 of the Children’s Act, which outlines various factors to consider when determining those interests.   

Why You Need a Relocation Attorney 

Navigating the complexities of a child relocation dispute requires expert legal guidance. Here’s how a relocation attorney can help: 

• Protecting Rights: An attorney ensures that both the relocating and non-relocating parent’s rights are represented and upheld, including the rights of an unmarried father. 

• Understanding Legal Requirements: Relocation often requires written consent from both parents or court approval. An attorney helps navigate these requirements. 

• Advocacy for the Child’s Best Interests: Your attorney will present evidence and arguments to ensure that any decision prioritises your child’s welfare. 

Relocation disputes can be highly contentious. Engaging an experienced attorney ensures you have a skilled advocate to protect your interests and your child’s welfare while minimising conflict.   

Legal Considerations in Relocation Disputes 

South African law takes a child-centred approach in relocation cases, focusing on the following factors: 

1. Best Interests of the Child

The child’s well-being remains the most critical consideration. Courts evaluate factors such as: 

• Stability and continuity in the child’s life. 

• Quality of education and healthcare at the proposed location. 

• Emotional bonds with each parent. 

2. Consent Requirements

Under South African law, the relocating parent must have: 

• Written consent from the other parent. 

• Court approval if the other parent objects to the relocation. 

3. Court Applications

When parents cannot agree, the matter is resolved in court. This involves: 

• Filing an application detailing the reasons for relocation. 

• Providing evidence to demonstrate how the move aligns with the child’s best interests. 

• Presenting arguments for or against the relocation. 

 

How Benita Ardenbaum Attorneys Can Help 

With over 30 years of experience in family law and relocation disputes, Benita Ardenbaum Attorneys is committed to providing personalised and effective legal solutions. Here’s what we offer: 

• Expertise in Relocation Law: Our deep understanding of South African relocation laws ensures that your case is handled with precision. 

• Tailored Legal Strategies: We recognise that every family’s circumstances are unique. Our advice and representation are customised to your needs. 

• Strong Advocacy: Whether you are seeking or opposing a relocation, we will advocate passionately for your position. 

• Empathetic Support: Relocation disputes can be emotionally taxing. We provide compassionate guidance to help you navigate this challenging time. 

 

FAQs About Relocation Disputes 

Q: What is the process for applying to relocate with a child?   A: The relocating parent must either obtain the other parent’s written consent or file a court application explaining the reasons for the move and how it benefits the child.  Q: How does the court decide relocation cases?   A: The court evaluates factors such as the child’s best interests, the reasons for relocation, and the impact on the child’s relationship with both parents.  Q: Can a parent relocate without the other parent’s consent?   A: No. Relocating without consent or court approval may result in legal consequences, including the reversal of the relocation.  Q: How long does a relocation dispute take to resolve?   A: The timeline varies based on the complexity of the case and the court’s schedule, but can take anything from six to eight months. An experienced attorney can help expedite the process.   

Speak to a Relocation Attorney Today 

If you are involved in a child relocation dispute, don’t navigate it alone. Contact us for expert legal assistance tailored to your family’s needs.  Speak to a Relocation Attorney Today