Relocating with Your Child? What South African Parents Need to Know Before Making a Move

Relocating with a minor child after separation or divorce is one of the most emotionally difficult and legally complex decisions a parent can face. Whether the move is to another province or outside South Africa, relocation can significantly affect a child’s stability and their relationship with the other parent. Many parents only discover the legal consequences after conflict has already escalated — often at great emotional and financial cost.

South African law does not grant any parent an automatic right to relocate with a child. Each situation is assessed individually, with courts consistently applying one overriding principle: the best interests of the child.

Understanding the legal landscape early — and obtaining proper legal advice — can prevent serious disputes and protect both your rights and your child’s wellbeing.

Relocation Outside South Africa: A High-Risk Legal Area

Relocating a child outside the Republic is treated as a major legal decision. In terms of the Children’s Act 38 of 2005, written consent is required from all persons who hold guardianship. This consent is also necessary for a child’s passport and for emigration or long-term international travel.

Where one parent refuses consent, the relocating parent cannot simply proceed. An application must be filed by the High Court to request that the court dispense with the other parent’s consent.

Recent judgments confirm that courts approach international relocation with caution. In T.S v W.R.S (2025), the Gauteng High Court allowed a mother to relocate permanently to Europe with her children, despite the father’s opposition. Crucially, the court was persuaded by the mother’s detailed planning, her genuine reasons for relocating, and the safeguards she put in place to maintain meaningful contact between the children and their father.

However, courts have also refused relocation where the move would severely disrupt a child’s relationship with the other parent or where the relocating parent failed to present a realistic plan. International relocation cases are highly technical, often involving expert reports, Family Advocate investigations, and complex procedural requirements.

Without experienced legal guidance, parents risk costly delays, failed applications, or even adverse cost orders.

Inter-Provincial Relocation: Not as Simple as It Seems

Relocation within South Africa — such as moving from one province to another — is often misunderstood. While the Children’s Act does not expressly require the other parent’s consent for inter-provincial relocation, this does not mean a parent may relocate unilaterally.

Where both parents hold parental responsibilities and rights, they are legally obliged to consult one another on major decisions affecting the child — particularly where the move impacts existing care and contact arrangements.

In B.M.S v J.N.W (2025), the court allowed an inter-provincial relocation after finding that the move would reduce conflict and improve the children’s overall wellbeing. Conversely, in D.J.H v A.H (2023), the court refused a relocation where the move would have undermined the child’s close relationship with the non-relocating parent.

These cases highlight a crucial point: even internal relocation can end up before a judge if it disrupts parental contact or is poorly handled.

What Courts Really Look At

Across both international and inter-provincial cases, South African courts consistently focus on:

•The genuine reasons for the relocation

•The impact on the child’s emotional and educational stability

•The feasibility of maintaining meaningful contact with both parents

•The child’s age, maturity, and expressed views (where appropriate)

•The level of parental conflict and cooperation

Relocation disputes are rarely decided on one factor alone. Courts weigh all circumstances carefully — which is why thorough preparation and expert legal strategy are essential.

Why Early Legal Advice Matters

Relocation disputes often escalate because parents act too quickly or without understanding their legal obligations. Taking steps without proper consent or court approval can lead to urgent court applications, strained co-parenting relationships, and avoidable emotional harm to children.

At Rudolf Buys and Associates Attorneys, we understand that relocation is not only a legal issue — it is a deeply personal one. We assist clients with:

•Advising on consent requirements and legal risks

•Drafting and reviewing parenting plans

•Engaging the Family Advocate and expert professionals

•Urgent and opposed High Court applications

•Negotiated solutions that protect children and reduce conflict

Our approach is strategic, compassionate, and firmly grounded in current South African case law.

Considering a Move? Speak to Us First

If you are considering relocating with your child — or if you are concerned about a proposed relocation — obtaining advice early can make all the difference. The right legal guidance can protect your child’s best interests while safeguarding your parental rights.

Rudolf Buys and Associates Attorneys = Professional, trusted family law guidance when it matters most.