The South Gauteng High Court has suspended a child relocation order permitting a mother to move her 11-year-old daughter from Johannesburg to Durban, pending the outcome of an appeal lodged by the father.
The parties were divorced in March 2023 and share joint parental responsibilities for their three children, though only the youngest remains a minor. According to the divorce settlement, the mother was granted primary residence of the child, while the father retained defined contact rights.
Tensions escalated in February 2024 when the mother notified the father of her intention to relocate with the child to Durban. Although parenting coordinators jointly appointed by both parties recommended deferring any relocation until December 2024, the mother announced she would proceed with the move on 1 June 2024. The father objected, leading to urgent proceedings in the Randburg Children’s Court.
Despite providing a written undertaking not to relocate, the mother unilaterally removed the child to Durban on 6 September 2024, without the father’s knowledge or consent. In response, the father successfully applied for the child’s immediate return to Gauteng.
Court proceedings and expert input
Following the child’s return, a complex series of legal proceedings unfolded. The Family Advocate issued a report opposing the proposed relocation, citing concerns about the potential impact on the child’s emotional stability and well-being.
To reconcile conflicting expert opinions and evaluate the best interests of the child, the matter was referred to an independent wellness organisation. In January 2025, the Children’s Court adopted the Family Advocate’s recommendations against relocation in an interim order. However, on 8 April 2025, a final order was issued authorising the mother to relocate, prompting the father to file an appeal immediately.
High Court findings
The High Court found that the mother had failed to meet the legal threshold for executing the child relocation order while the appeal was pending. The court cited several concerns:
- Material non-disclosures regarding the child’s prospective living arrangements in Durban.
- The absence of oral evidence supporting claims that the relocation would benefit the child.
- The potential for irreparable harm to the child’s emotional well-being, given her established support network in Johannesburg.
Judges ruled that exceptional circumstances required for immediate enforcement of a relocation order were not present. Considering the risks and unresolved disputes, the court granted a stay of the relocation order pending the outcome of the father’s appeal.
Additionally, the court ordered the mother to pay the costs of the appeal, including those associated with her unsuccessful application to introduce further evidence.
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