Moving house would seem to be a fairly straightforward decision for most of us. Although the costs, stress of moving and energy involved put many of us off, the attraction of new homes, new locations and new jobs can outweigh the negatives.
Additional stress can be created if you have children with a previous partner. In this situation if you are moving area, town, county or country you should notify the other parent and seek their agreement to the move. Any parent that has parental responsibility for the children will need to agree to the move. If they do not agree, you can apply to the court for a "Specific Issue" order seeking the court's permission for you to relocate. If you do not apply to the court, the other parent may apply for a "Prohibited Steps" order, preventing you from moving until the court have reviewed all of the issues and determined if the move is in the children's best interests.
These applications can be complex and require detailed plans and explanations. More information can be found at www.freethsoxford.co.uk/taking_a_child_abroad
The article from South Africa highlights how different countries view these type of applications. It is important that you always seek advice from a specialist family lawyer in the current jurisdiction, to ensure the best advice as this article shows how differently applications are dealt with in South Africa.
Should you have any questions, or need any assistance on this or any other family law issue, please do not hesitate to call.
Section 18 makes it clear that if one parent wants to emigrate outside of South Africa the consent of both parents is needed.For relocation within South Africa, the situation is less well-defined.In the absence of legislative controls, decisions coming before the courts have been decided on a case-by-case basis, and case law is now brought to bear in new court hearings on the matter.