Travelling or Relocating with a Minor Child in 2025: What Divorced Parents Need to Know

Separated or divorced parents often struggle with the realities of shared parenting, especially when one parent wishes to travel or relocate with a minor child. Understanding your legal rights and responsibilities in these situations is essential to avoid conflict or legal consequences.

Travelling or Relocating Outside South Africa

Under Section 18(3) and 18(5) of the Children’s Act 38 of 2005, both parents must consent to the removal or departure of a minor child from South Africa whether for a short trip or a permanent move.

• If one parent refuses consent, they are within their rights, but only if the refusal is reasonable in the circumstances. This right is not absolute.

• If consent is unreasonably withheld, the parent wishing to travel may approach the High Court for an order granting permission to travel with or relocate the child.

The court’s decision will be guided by what is in the best interests of the child.

Relocating Within South Africa

The Children’s Act is silent on relocations within the Republic, such as moving to a different city or province. However, this does not give a parent free rein.

Relocation could interfere with the other parent’s contact rights or violate the terms of an existing parenting plan. Courts may intervene if a move significantly impacts the child’s access to the other parent.

Under Section 31 of the Act, parents must:

• Consult each other on major decisions affecting the child

• Consider the child’s views based on age and maturity

  
  

The Role of Parenting Plans and Non-Relocation Clauses

To prevent disputes, many co-parents adopt a parenting plan that includes a non-relocation clause.

These clauses require:

• Mutual consent for moves, even temporary

• A duty not to unreasonably withhold consent

If a parent breaches this clause, the other parent may approach the court to enforce or vary the agreement. The court will assess factors such as:

• The best interests of the child

• The reason for relocation

• The existing parent-child relationship

Key Takeaway

Whether you're travelling abroad or moving to a different province, consultation and consent are critical. If in doubt, seek legal advice, acting unilaterally could result in court intervention or even custody changes.

Need help reviewing or drafting a relocation clause or travel consent plan?

Contact our Family Law team at Kern, Armstrong & Associates for guidance tailored to your parenting rights and obligations - info@kernattorneys.co.za