Immigration with Minor Children
The short answer is yes; you cannot remove the minor children from South Africa without the consent of the other parent or guardians. However, there may be certain exceptions such as that a court has terminated the other parent's parental rights. Usually, spouses or partners decide together that they want to emigrate, and there is no issue moving the children overseas with them. However, what is the situation of you are divorced or separated from your partner that you have minor children with? We often receive enquires such as: "I want to emigrate with my kids, but my ex refuses to consent to the move, what can I do?” The world is a global village, and you can get from country to country with relevant ease.
The court has stated that the question was whether the proposed move was in the best interest of the child; the court had to consider the custodian parent's interests, the reasonableness of their decision to relocate, the practical and other considerations on which the decision is based, and the extent to which he or she had properly thought through the advantages and disadvantages to the children of the proposed move.
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