International Relocation with Minor Children: What South African Parents Need to Know

Planning a Move Abroad with Your Child? Here's What You Need to Know

Relocating to another country with your child after a divorce or separation is a major step. Whether the move is motivated by work opportunities, family support, or a new beginning, relocation with a minor child is not something South African law treats lightly.

If both parents do not agree to the relocation, you must either secure the other parent’s written consent or obtain a High Court order dispensing with the consent of the parent who refuses. The court will only grant such an order if the refusal is considered unreasonable and if the move aligns with the child’s best interests.

At Barter McKellar, we represent parents who are applying for permission to relocate internationally with their children, as well as those who wish to oppose a relocation. Our approach is tailored, strategic, and focused on what matters most, the well-being of your child.

Do I Need Legal Consent to Relocate?

Yes. Under the Children’s Act 38 of 2005, both parents who hold parental responsibilities and rights must give consent for a child to be permanently removed from South Africa. If one parent refuses, the other must apply to the High Court to seek an order authorising the relocation without that parent’s consent.

Even if you are the primary carer, you may not emigrate or permanently relocate with your child without this legal approval.

How We Assist if You Wish to Relocate

If you are seeking to relocate internationally with your child, our legal team will:

• Assess the strength of your proposed move and provide expert advice

• Prepare and lodge an application with the High Court to dispense with the other parent’s consent

• Draft a full relocation plan including accommodation, schooling, medical care and family support in the proposed country

• Develop a post-relocation contact plan for the other parent, including regular video calls, in-person visits, and holiday arrangements

• Present compelling evidence to demonstrate how the relocation serves the child’s best interests, which is the central legal test

We understand how to present a persuasive case that satisfies the court’s requirements and respects the child’s emotional needs.

How We Support You in Opposing a Relocation

If your co-parent intends to move your child abroad and you do not agree, we will help you respond effectively. We will:

• Represent you in opposing the relocation in the High Court

• Highlight how the move would interfere with your parenting role and negatively affect the child’s emotional and psychological wellbeing (if applicable)

• Demonstrate the value of continuity in your child’s daily life, education, and relationships in South Africa

• Present alternative parenting proposals that preserve your bond with the child and promote long-term stability

If necessary, we also act swiftly to seek urgent interdicts (injunctions) to prevent unlawful removal of a child from South Africa.

What the Court Takes into Account

The overriding consideration in all relocation cases is the best interests of the child. The High Court will take the following into account when deciding whether to allow or deny a relocation (however this is not a closed list and each case is decided on its own merits):

• The motivation and reasoning behind the move

• The potential impact on the child’s emotional and developmental wellbeing

• The practicality and regularity of continued contact with the parent remaining in South Africa

• The quality of the proposed arrangements abroad, including education, housing, and healthcare

• The child’s views, if they are of sufficient age and maturity to express a reasoned opinion

The court’s task is not to choose between parents but to decide what outcome serves the child’s long-term welfare and sense of security.

Why Instruct Barter McKellar?

• Specialist Legal Expertise: We focus on family law, including international relocation, child contact, and residence disputes

• Effective Court Representation: Our legal team is experienced in preparing and arguing complex cases before the High Court

• Tactical Advice: Whether applying for relocation or opposing it, we help you build a clear, reasoned and child-focused case

• Compassionate Approach: We understand how emotionally charged relocation matters can be and offer balanced, confident guidance

Timing is Crucial

Relocation matters often arise suddenly. If you are considering moving abroad with your child, or have been informed that your child may be relocated without your agreement, it is essential to seek legal advice without delay. Prompt action gives you the best opportunity to protect your rights and your child’s interests.

Speak to a Family Law Lawyer

At Barter McKellar, we are committed to helping you navigate this sensitive legal process with clarity and confidence. Whether you are seeking permission to relocate with your child or opposing an international move, our experienced legal team is ready to support you every step of the way.

We assist clients in Cape Town and Johannesburg, offering tailored legal representation in both cities for all family law and relocation matters.