Movement of children during the lockdown: More regulation changes made 29 April 2020

The Regulations regarding the movement of children during the lockdown have changed once again. The latest Regulation as at the 29^th of April 2020 states that, the movement of children between co-holders of Parental Responsibilities and Rights or a caregiver, in the same metropolitan area or district municipality is allowed subject to the following if the co-holders of Parental Responsibilities and Rights or a caregiver are in possession of the following:

1A. A court order; OR

1B. Where a Parental Responsibilities and Rights Agreement or a Parenting Plan, registered with the Family Advocate, is in existence;

1C. A permit is issued by a Magistrate which corresponds with Form 3 of Annexure A if the documentation above is not available.

The latest Regulations have gone on further to say that any child who was not at the residence of their primary caregiver before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown will be permitted to ON A ONCE OFF BASIS, to return to the residence of their primary caregiver if the co-holders of Parental Responsibilities and Rights or a caregiver is in possession of:

2A. a permit issued by a Magistrate which corresponds with Form 3 of Annexure A. The household to which the child is to move must be free of the Coronavirus.

For a Magistrate to issue the permit mentioned in 1C above, he/she must be provided with the following:

1. Birth Certificate or certified Birth Certificate of the child(ren) to be moved in order to prove a legitimate relationship between the co-holders of Parental Responsibilities and Rights; AND

2. Written reasons why the movement of the child is necessary. 

For a Magistrate to issue a permit mentioned in 2A above, he/she must be provided with the following:

1. A court order;

2. A Parental Responsibilities and Rights Agreement or a Parenting Plan registered with the Family Advocate; OR

3. A Birth Certificate or certified copy of a Birth Certificate of the child or children to prove a legitimate relationship between the co-holders of Parental Responsibilities and Rights; AND

4. Written reasons why the movement of the child(ren) is necessary.