Regarding child custody and immigration in South Africa, a parent who wishes to emigrate with their child(ren) must first obtain consent from the other parent. If consent is withheld, they may take the matter to the Family Court, which will rule based on the child(ren)’s best interests.
Family Law in South Africa encompasses legal rules associated with familial relationships, including but not limited to civil unions, domestic relationships, marriages, domestic violence, annulment and divorce, child custody, the best interests of a child, paternity, and parental responsibilities.
In the last few years, child custody laws have changed, providing fathers more rights and access to their children. Still, the question plagues many a mind on whether or not a father can take a child from the mother in South Africa. A common misconception is that in the event of a parental dispute regarding primary residential custody of a child(ren), the mother will automatically be granted custody, but is this the case?
When it comes to divorce, all relevant parties are subjected to a hoard of difficulties as they traverse their new landscape. Often the ones who suffer the greatest are the children involved. For this reason, the Children’s Act, Act 38 of 2005, was set up to protect children’s rights, helping to ensure their safety by stipulating the parental rights and responsibilities regarding child custody in South Africa.