The Legal Requirements
When emigrating with minor children, it is important to be aware of the legal requirements. The “best interests of the child” principle is paramount in any decision about a child’s life, including relocation. The relocating parent must obtain the consent of the other parent or a court order before taking the child out of South Africa.
The Court Process
The court will consider a number of factors when deciding whether to grant permission for relocation, including the child’s age, maturity, and stage of development; the reasons for the relocation; the impact on the child’s relationship with the other parent and family members; and the child’s future prospects in the new country.
It is important to maintain contact between the child and the remaining parent after relocation. There may be challenges in renewing passports, enforcing cross-border maintenance agreements, and co-parenting when one parent is geographically removed from the child’s day-to-day life.
Vermeulen Attorneys can help you with all aspects of emigrating with minor children from South Africa. We can:
- Provide you with legal advice on the requirements for relocation
- Represent you in court if you need to obtain a court order for relocation
- Help you to maintain contact between the child and the remaining parent after relocation
- Assist you with any post-emigration issues
If you are considering emigrating with minor children, please contact Vermeulen Attorneys for a consultation. We will be happy to discuss your case and advise you on the best course of action.
- Emigrating with minor children
- Relocating with minor children
- Best interests of the child
- Court process
- Post-emigration issues
- Legal advice
- Representation in court
- Contact maintenance
- Cross-border legal matters