Can One Parent Relocate With a Child Without the Other Parent’s Consent?

International relocation after separation or divorce is becoming an increasingly important issue in family law. A parent may receive a job opportunity overseas, remarry, or simply believe that relocating will provide a better future for their child. But what happens when the other parent does not agree?

A recent Gauteng High Court matter, A.C.J.F v A.C [2026] ZAGPPHC 466, considered the complex consequences of an international child relocation involving South Africa and the United Kingdom.

The child’s best interests come first

A parent does not necessarily have an automatic right to relocate with a minor child simply because the move may benefit them personally. When relocation affects a child, the court's primary consideration is the best interests of the child. This can involve questions about the child's relationship with both parents, education, emotional wellbeing, stability and how meaningful contact with the parent left behind can be maintained.

In the case, the mother had been granted permission to relocate with the child to the UK, with the other parent's consent being dispensed with. The order also made provision for the father's continued contact with the child.

Relocation can create international legal complications

The matter also demonstrates that relocation does not necessarily end the dispute. After the child moved to the UK, proceedings were instituted there concerning parental responsibilities and contact, followed by proceedings under the Hague Convention on the Civil Aspects of International Child Abduction. The UK court ultimately became involved in determining issues concerning the child's habitual residence and parental rights.

The South African court ultimately dismissed the appeal because the circumstances had changed and the dispute was no longer practically capable of being resolved through that appeal.

What should parents know?

If you are considering relocating with a child — whether to another province or another country — do not assume that you can simply move first and deal with the legal consequences afterwards.

A relocation can affect the other parent's parental responsibilities and rights and may lead to urgent court proceedings, Family Advocate investigations, mediation and, in international cases, proceedings in another country. Obtaining legal advice before making relocation arrangements can help parents understand their rights and the appropriate legal process while keeping the child's best interests at the centre of the decision.

Need Advice About Relocating With Your Child?

If you are considering relocating with your child, or if the other parent is planning to relocate and you are concerned about your parental rights, it is important to obtain legal advice before taking action.

Rudolf Buys & Associates Attorneys can assist with matters involving parental responsibilities and rights, relocation applications, parenting disputes and related family-law proceedings.

Contact us today to discuss your circumstances and understand the appropriate legal steps available to you.